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SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 25493132     EISSN : 25493167     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Samarah: Jurnal Samarah adalah jurnal ilmiah berbasis Open Journal Systems (OJS) yang dikelola oleh Prodi Hukum Keluarga Fakultas Syari’ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal Samarah ini merupakan wadah bagi insan peneliti dan pemerhati hukum keluarga Islam dan hukum Islam untuk dapat mengembangkan keilmuan dalam rangka pemenuhan Tri Dharma Perguruan Tinggi, terutama keilmuan di bidang hukum Keluarga Islam dan hukum Islam. Jurnal Samarah diterbitkan dua kali dalam setahun, yaitu Januari-Juni dan Juli -Desember.
Arjuna Subject : -
Articles 446 Documents
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Hijab Discourse in Indonesia: The Battle of Meaning Between Sharia and Culture in Public Space Zain, Muhammad; Aaisyah, Sitti; Alimuddin, Asriaty; Abdillah, Akhmad Mughzi; Fauzi, Muhammad Fahmi Basyhah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.19383

Abstract

The phenomenon of wearing hijab is not only a reality in Indonesia but also in the Muslim world and even the world in general such as Europe, America, and Australia. This paper aims to examine the discourse on hijab between Islamic law (sharia) and culture. This is a normative study using legal pluralism as an approach.  This paper concludes that Indonesia has the largest Muslim population in the world, and the wearing of hijab has a long history until contemporary times. Currently, the phenomenon of hijra among Muslims is also on the rise, the hijab is then formalized into educational institutions and offices which not a few cause problems that sometimes arise discriminatory actions to those who do not want to use it. Another phenomenon about the use of hijab occurs in the realm of law. A woman dealing with legal issues, when presented at a press conference, some public figures wear hijab. Even in the judicial room, women who usually do not wear headscarves also change their appearance by wearing headscarves. Likewise, in a political campaign, women who usually do not wear headscarves, appear in hijab suits in public. Of these various phenomena, the hijab as a marker symbol has meaning, namely as a form of religious obedience, the identity of a Muslim woman, discipline in public spaces, and camouflage piety. From the perspective of legal pluralism, hijab is an articulation of strictness to the commandments of sharia as well as an inseparable part of the culture that has become a living practice in Indonesian society.
How To Challenge The Life Women Resiliency In Acehnese Matrilocal System: Philological and Anthropological Approaches Fakhriati, Fakhriati; Kustini, Kustini; Mu’jizah, Mu’jizah; Fuad, Muhammad; Warnis, Warnis
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.18797

Abstract

The matrilocal system has had a positive effect on women in Aceh. This system has enabled them to become more resilient in facing life's challenges for themselves, their families and their communities. This study is a qualitative study with philological and anthropological approaches used to study Acehnese manuscripts that are relevant to the theme of matrilocality. In-depth interviews, manuscript studies and observations were also conducted to understand matrilocality practices in Aceh, particularly in the Pidie regions. In this way, historical and empirical knowledge of Aceh's matrilocal system is obtained. It was found that the matrilocal system had raised the status and enthusiasm and resilience of Acehnese women in wading through life as individuals, family members, and part of Acehnese society. Philologically, historically and anthropologically a harmonious life is seen in the matrilocal system, Acehnese women make it possible to face life's challenges, such as raising children for a successful life; maintain good communication with parents, neighbors and the community; and managing household finances. This diversity of matrilocal traditions can contribute to the status and resilience of women in the Indonesian nation-state.
Qur'anic Narratives of Women's Competencies and The Consequences of Islamic Law on Their Involvement in Society Miswar, Andi; R, Abd Rahman; HM, M. Amir; Fakhrurrazi, Fakhrurrazi; Mukhtar, Makmunzir
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.17945

Abstract

Many people continue to believe that the Islamic Law perspective of women differs from men, which tends to be based on subordinate doctrines. However, in the al-Qur'an, divine revelation proclaims that women also have Competencies which is demonstrated by various forms of narration in the language style of the Qur'an along with their prowess in the public sector based on social reality. This paper discusses the main problem, namely the competence of women in the Qur'an from the perspective of Islamic law and their work in society. This research uses a qualitative research type with the method of text analysis of the verses of the Qur'an with an interpretive science approach, as well as analysis of field data regarding the role of women in various sectors of life from the perspective of Islamic law. Data was collected through a literature study and in-depth interviews with several informants in various regions of Indonesia. The research concluded that women's competence is mentioned in the narration of the Qur’an with uslub and various language styles, showing that women have superiority and toughness according to their nature and identity. They act with the capital of intellectual, emotional, and spiritual intelligence as well as physical and psychological strength. Furthermore, women's involvement in the public sector provides clear evidence of women's abilities relevant to the verses of the Qur’an and refutes subordinate perspectives of them. Islamic law perspective recommends building a perfect mutualism symbiotic, respectful, civilized, and progressive.
Polygamy in the Perspective of Tafsīr Al-Aḥkām and Islamic Law: An Examination of the Gayo Luwes Community in Aceh, Indonesia Aziz, Nasaiy; Rispalman, Rispalman; Anggraini, Tika
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.20021

Abstract

The law on marriage, adheres to the principle of monogamy, but in other parts, it is stated that under certain circumstances polygamy is justified. The main problem studied was the practice of polygamy without the permission of wives in Gayo Lues Regency, Aceh. This study employs empirical legal methodologies and applies theoretical frameworks grounded on Islamic law, specifically utilizing the approach of tafsīr al-aḥkām. The collection of data was conducted through the utilization of in-depth interviews and a comprehensive review of relevant literature. The findings of the study revealed significant variations in the occurrence of non-consensual polygamy in Pantan Weather subdistrict, Gayo Regency. Polygamy entails both bad and positive consequences, with the former outweighing the latter in terms of quantity. The adverse consequences encompass spousal inequity, the disregard for the rights of women and children, the proliferation of animosity among spouses, and the erosion of familial bonds. In contrast, the potential benefits of engaging in polygamy primarily revolve around the avoidance of immoral behavior, specifically adultery, and the facilitation of subsequent marriages. By entering into multiple marriages without the explicit consent of one's spouse, an individual may perceive certain advantages, such as the acquisition of desirable outcomes. Conversely, the fear of experiencing negative consequences, such as infidelity, may serve as a motivating factor for individuals to pursue polygamous relationships. Moreover, as posited by scholars of interpretation, both ancient and contemporary, the fundamental principle of marriage in Islamic jurisprudence is monogamy. However, if an individual engages in polygamy, it is imperative to uphold principles of justice, responsibility, and the preservation of familial harmony and tranquility. This study contributes to the understanding that polygamy may be considered as a viable option in exceptional circumstances, but only under the condition that it is practiced with fairness and equity by specific individuals.
“The New Men”: The Rahima’s Experiences in the Gender Sensitivity Construction among Marriage Registrar in Lampung Indonesia Wijayati, Mufliha; Nasrudin, Muhamad; Hamidah, Tutik; Oktora, Nency Dela; Muchtar, Ibnu Hasan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.17666

Abstract

Efforts to prevent gender-based violence will progress slowly without involving men. Socialization and education tend to be targeted towards women’s groups, with few including men as subjects in the anti-violence education process. This article discusses several important lessons learned from the mentoring process of Marriage Registrar Officials at the Office of Religious Affairs in East Lampung, Indonesia, by the Rahima Association. The study is the result of observations on the mentoring process of Marriage Registrar Officials who have internalized the values of justice and reciprocity in family relations. The research data are supported by interviews, focus group discussions, and documentation. This article argues that the involvement of male religious figures in preventing family violence is essential for two reasons. First, in textual societies, male ulama have a strategic role in reproducing more egalitarian and just knowledge. Second, the process of building gender-just awareness requires authoritative actors in the process of building knowledge from shared experience to be more legitimate. The article also explains the theoretical foundations of the successful mentoring approach that has transformed the outlook of male Marriage Registrar Officials who have the drive to effect change in Muslim society regarding equal and just family relations through their duties and functions.
Childfree, the Digital Era, and Islamic Law: Views of Nahdlatul Ulama, Muhammadiyah, and Gender Activists in Malang, Indonesia Zuhriah, Erfaniah; Rahmawati, Erik Sabti; Aprilyanti, Melinda; Chaidaroh, Umi; Ch, Mufidah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.17753

Abstract

Childfree is a life choice not to have children after or before marriage, whether biological children, stepchildren, or adopted children. This article discusses how childfree is influenced by the digital era and what the perspective of Islamic law is according to the views of ulama and gender activists in Malang, East Java. This empirical legal study used legal sociology and maqāṣid al-sharī’ah approaches. Data were collected by means of in-depth interviews and a literature review. Findings showed that child-free development in Indonesia has been influenced by the digital era through online media, which quickly spread and made it easier for people from various countries to interact and share information. One of the objectives of Islamic law (maqāṣid al-sharī'ah) is to maintain offspring (hifz al-nasl) through marriage. According to the ulama, being childfree is contrary to Islamic law and the nature of humanity. According to the Nahdlatul Ulama, Muhammadiyah, and gender activists, the laws on childfree can be summed up in two ways: haram and mubah. Childfree is haram (unlawful) because it is contrary to maqāṣid al-sharī’ah, i.e., preserving offspring, as it is also the goal of marriage. Childfree is mubah (allowed) if there are reasons that are condoned by the sharia, e.g., health problems, physical limitations, and psychological conditions that prevent the wife from having children. Sociologically, the government and all related parties need to provide education to the public so that the meaning of childfree can be understood properly and correctly.
Dimensions of Maqāṣid Al-Sharī‘ah and Human Rights in the Constitutional Court’s Decision on Marriage Age Difference in Indonesia Purnomo, Agus; Salam, Nor; Zamzami, Mukhammad; Bakar, Abu
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.13283

Abstract

This article analyzes the Constitutional Court's ruling on the difference in marriage age between men and women as contained in Decision Number 22/PUU-XV/2017 and examines whether the decision guarantees the protection of human rights. Methodologically, the study is a normative research using the maqāṣid al-sharī'ah approach and human rights as analytical tools. The data analyzed are Constitutional Court decisions, journal articles, books and various literature related to the discussion. The study concluded that the Constitutional Court's ruling on the age limit for marriage contains aspects of maqāṣid al-sharī'ah in the form of considerations to prevent harm. This is in line with the general rule in Islamic law of avoiding damage (mafsadah) which must take precedence over efforts to achieve benefit. Another aspect of maqāṣid in the Constitutional Court's ruling is that it affirms the protection of life (ḥifẓ al-nafs), either through the enforcement of qiṣāṣ (retributive justice) or the protection of children or minors. This legal principle can also mean protection from all forms of discrimination and violence, all of which are assessed in the ruling. Viewed from a human rights perspective, the ruling is closely related to the affirmation of discriminatory treatment of women, as the main objective of basic human rights and must be protected. However, this decision also cannot be interpreted as an equality of women with men. Gender differentiation does exist but should not result in harm.  
Laqab and Kunyah from The Living Sunnah Theory: Study of Makassar Tribe Family in South Sulawesi Yahya, Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.21418

Abstract

Surnames or aliases are associated with families belonging to the Makassar Tribe in South Sulawesi. In contrast to the formal name documented in the official records, this secondary name or title holds a deeper significance and is more commonly used within the daily lives of Muslim households belonging to the Makassar tribe. The alias is bestowed upon the child throughout their adolescent years by the parents themselves, as a means of honoring their child. The second name is an honorific title within the family. Assigning a secondary name or title is also considered significant in accordance with the tradition/sunnah of the Prophet Muhammad PBUH, who bestowed secondary names onto his followers. Bestowing a specific or honorific title, in addition to demonstrating respect and gratitude towards the recipient, also serves to prevent mistakes in addressing and comprehending individuals in daily interactions. In the era of the Prophet, the designations of laqab and kunyah were bestowed upon individuals to symbolize the Prophet's intimate bond with his companions, expressing both familiarity and reverence. The necessity of scrutinizing the naqd sanad hadith, laqab, and kunyah is crucial in the process of recognizing and differentiating individuals who possess specific names. This is because many companions share common names derived from Asmaul Husna, such as Abdullah, Abdurrahman, Abdurrahim, and others. In order to recognize and establish closer relationships with his companions, he was bestowed with distinct titles that reflected their individual qualities, circumstances, and temperament. Within Makassar tribal families, it is customary for the community to bestow individuals with laqab and kunyah titles as well. The living sunnahhypothesis refers to the practice of the living sunnah within Makassar tribal households, who deeply embrace the Islamic beliefs
Aceh as a Model of Halal Trade in Financial Goods and Services Regulation based on Pancasila within the Framework of National Law in Indonesia Yani, Teuku Ahmad; Abdurrahman, Abdurrahman; Mulyana, Ida
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.17680

Abstract

The province of Aceh holds a special autonomy status, which allows Aceh to possess the jurisdiction to enforce the Islamic law specifically in the realm of the civil law, particularly in matters related to commerce. In Aceh, trading in commodities and financial services must adhere to the principles of the Islamic law, ensuring that only halal goods are involved. Using the Content Analysis Techique, this study adopts a combined approach of the national law and the Islamic law. The data was gathered by literature and document analysis, including an examination of legal statutes, scholarly publications, and relevant books pertaining to the topic being discussed. This study asserts that the trading of halal commodities and financial services are fundamental aspects of the Islamic law, a concept that is unfamiliar in legal frameworks rooted in the Western civil law systems. Consuming food that is not halal and engaging in usury are both forbidden under the Islamic law. Within the framework of sharia, commerce is not just confined to individuals, but can also be subject to public scrutiny if they contravene fiqh, so rendering them impermissible. In order to achieve this legislative objective, the Aceh Province established a regulatory framework in the form of the Aceh Qanun, in line with the authority granted by Article 125 of Law Number 11 of 2006. This model has facilitated the emergence of a trade system that is devoid of any forbidden aspects, and financial services that are free from the practice of charging excessive interest, in accordance with Sharia principles. As a result, it differs from the conventional practices of trading goods and services that are prevalent within Indonesia. It is important to highlight that both Pancasila and National law ensure the freedom of citizens' rights to practice the Islamic law, including engaging in halal trade of commodities and financial services.
State, Custom, and Islamic Law in Aceh: Minor Dispute Resolution in the Perspective of Legal Pluralism Ramli, Misran; Rijal, Syamsul; Surya, Reni; Malika, Irhamni
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.15924

Abstract

This paper aims to examine the juridical basis for the application of Acehnese customary law, the mediation mechanism of Aceh Tamiang customary law in resolving minor disputes. The study of this paper used empirical research methods, using the theory of legal pluralism. Data were collected by means of in-depth interview and document study. Interviews were conducted with customary stakeholders, while the documents analysed were news of peace events in Aceh Tamiang. The findings reveal that the juridical basis for resolving minor disputes is based on the Law, the Qanun, and the Joint Decree between the Governor, the Aceh Regional Police Chief, and the Chair of the Aceh Customary Council (Majelis Adat Aceh). In Aceh Tamiang, the customary law mediation mechanism in gampong (village) and mukim (township) customary justice is generally carried out by reporting, requiring the presence of the parties to the dispute as well as the witnesses, and being open to the public. However, exception occurs for special disputes, in which according to custom and propriety must not be open to the public, and there is no charge whatsoever. Among the minor disputes that have been successfully resolved through gampong customary courts are domestic violence, inheritance disputes, land ownership, the construction of Telkomsel towers, and traffic accidents. The resolution of minor disputes in Aceh Tamiang from the perspective of legal pluralism has been carried out harmoniously and correlates between state law, customary law, and Islamic law. State law provides an opportunity for customary law to resolve minor disputes, and if it is not successful, then state law will take over. Further, dispute resolution in customary law is also in accordance with the values of Islamic law, which also prioritizes peace or al-sulh. This corresponds to the Acehnese proverb that states “adat ngen hukom lage zat ngen sifeut” which means the relationship between customary law and Islamic law is like a substance with its inseparable properties. 

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