cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota banda aceh,
Aceh
INDONESIA
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
 27   28   29   30   31 
The Main Prayer Place for Women According to Hadith: Method Analysis al-Jam'u wa al-Tawfiq with Islamic Family Law Approach M. Jakfar, Tarmizi; bin Adnan, Boihaqi; Sitorus, M. Andreansyah
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.v8i1.13974

Abstract

The position of women in the hadith has a dignified and equal position among men in worship, social and various other activities. This study aims to discuss the main place of prayer for women according to the hadiths of the Prophet Muhammad PBUH There are two different hadith narrations about the main place of prayer for women, in the mosque or at home. The research method used is qualitative-normative which is analyzed by the method of al-jam'u wa at-tawfiq, which harmonizes different hadiths then studies with the Islamic family law approach. The results showed differences in the history of hadith regarding the main place of prayer for women, the hadith derived from the narration of Aisha allows women in mosques while the hadith narrated by Ibn Umar explains that women are more important at home. As a result, hadith scholars also differ on the main place of prayer, whether in the mosque or at home. If using the method of al-jam'u wa at-tawfiq then this hadith can be compromised, Aisha's narration of allowing women to pray in mosques is when it is safe and does not cause slander. While the narration of Ibn Umar which explains that women are more important to pray at home if there is a concern of interference such as harassment or something dangerous. Some clerics allow prayers in mosques because women do not use fragrances, are not adorned, and must obtain permission from their husbands and guardians. In the perspective of Islamic family law, the prohibition of prayer in the mosque is not absolute, but conditional, women should be protected and treated with dignity and respect, therefore she is protected from slander and all forms of abuse.
Robbery and Bullying: Protection Through Pageu Gampong Customary Law, and Islamic Law Abdullah, M Adli; Mansur, Teuku Muttaqin; Sulaiman, Sulaiman; Usman, Musliadi Bin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (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.v8i3.22713

Abstract

The social resilience system of the Acehnese people is rooted in the pageu gampong tradition. The values of pageu gampong are defined as how the people of Aceh protect themselves from the flow of criminal behavior, robbery, bullying and community supervision based on customary law. This research aims to reveal the facts, situations and phenomena of robbery and bullying behavior in Acehnese society through the protection of the pageu gampong customary system. Data was collected through interviews and analyzed using a juridical-sociological and phenomenological approach. The results of the research show that the practice of robbery and bullying is influenced by lifestyle demands accompanied by economic limitations and weaknesses in socializing in society, due to neglect of the values contained in the pageu gampong tradition. Pageu gampong as a customary law system has values that are integrated with Islamic values and is able to protect the community from all forms of robbery and bullying behavior. However, the tendency of the legal system to be oriented towards positivism and the current pressure for social change also contributed to the fading of the values of pageu gampong as the strength of the social structure of Acehnese society. The values of pageu gampong still survive in Acehnese society which is under the legal system of the Acehnese government.
The Judges’ Legal Consideration on Divorce of Nushūz Cases at the Kupang High Religious Court: Gender Perspective Fitriyani, Fitriyani; Saepuddin Jahar, Asep; Subhan, Zaitunah; Rosdiana, Rosdiana
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.v7i3.14425

Abstract

The gender sensitivity of judges towards women in court is crucial to ensure that judgments provide a sense of justice and accommodate the rights of wives after divorce. This article aims to analyze judges' considerations from philosophical, juridical, and sociological aspects in divorce judgments due to nushūz (disobedience) from a gender perspective, addressing two main questions: 1) how judges use a gender perspective in deciding divorce cases due to nushūz, and 2) what factors influence judges' decisions in divorce cases due to nushūz from a gender perspective. This research employs qualitative research methods, which is a case study design, with juridical and gender approaches. The primary data source is derived from the rulings of the Religious High Court of Kupang No. 009/Pdt.G/2015/PTA.Kp obtained from the Supreme Court of the Republic of Indonesia's website, and judge interviews as supporting data, which were analyzed using content analysis. The research findings indicate that from a gender perspective, judges exhibit gender bias in categorizing nushūz as if nushūz can only be committed by wives, whereas nushūz can be committed by both husbands and wives. Judges' interpretations of nushūz are still influenced by the content of the law, the culture of the law, and its structure of the law. This study implies that judges should undergo gender-based training or workshops organized by judicial institutions or universities to enhance their gender sensitivity in deciding legal cases, especially nushūz cases.
The Law Concept of Sharia Banking Compliance on Murabaha Financing in Indonesia Ghozali, Mohammad; Sup, Devid Frastiawan Amir; Prastyaningsih, Ika; Adan, Hasanuddin Yusuf
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (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.v8i3.11313

Abstract

Submission to sharia is a fundamental factor which discriminates sharia banking from the conventional one. Therefore, sharia banking as intermediating institution and provider of financial services which base their operation on Islamic sharia values have to ensure their compliance towards sharia principles. Besides, sharia banking applies profit sharing principle as the main foundation in fund collection, fund distribution, and financing. A product dominating and attracting customers the most is murabaha. This product still receives tough critics from scientists, though, so that this research aims at investigating sharia banking compliance on murabaha financing viewed from the perspective of fatwa from DSN-MUI. This research applies qualitative design with normative approach (DSN-MUI fatwa). The result of the study shows that murabaha contract in Indonesian sharia banking must fulfill sharia compliance stated in the Qur’an, Sunnah, Regulation of Bank of Indonesia, and DSN-MUI fatwa.
The Existence of Non-Muslim Minorities in Aceh Indonesia: A Study of Civil and Police Institutions Mustaqilla, Safira; Abdullah, Irwan; Ichwan, Moch. Nur; Lailatussaadah, Lailatussaadah
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.v8i1.17386

Abstract

The implementation of Islamic law in Aceh had impact for the existence of non-Muslim minority groups. Even though they are guaranteed freedom to worship, harmony and protected, and can live side by side with the Aceh society, on the other hand, they are also feeling the impact of sharia. These implications are experienced by Christian women, not only among civil groups, but also police institutions. This article aims to complement the shortcomings of previous research, by mapping the relationships that existed between Muslim and non-Muslim groups in Aceh during the implementation of Islamic sharia. The research question is, how do these implications occur and why public space is limited for them. This research was conducted in Banda Aceh involving six informants and some were women, civil society groups and several police institutions, namely three Christian policewomen, through in-depth interviews and using several references related to the research subject. The results of the study indicated that, first, there are social spaces that have an impact on non-Muslim groups because they live in areas of Islamic sharia that require them to receive these regulations, such as the obligation to wear the veil for students, teachers and policewomen in police agencies. Then, there are limited facilities for worship, including for policewomen to provide spiritual guidance. Apart from that, there is little access to public space in government, which occurs among non-Muslim minority children who would like to develop their talents, as well as employees and in police agencies who could not develop their careers perfectly. This happens because they cannot have opportunities like the people of Aceh who are the "hosts". In this case, the government must be able to harmonize laws, including for minority groups in Aceh. It is hoped that the results of this research could adding references regarding the importance of increasing awareness and fostering the values of tolerance.
Protecting Child Labor Rights: Maqasid Sharia Framework and Policy Recommendations Yusefri, Yusefri; Faizin, Mu’adil; Jafar, Wahyu Abdul
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.v8i2.24559

Abstract

Child labor remains a significant issue in contemporary society despite existing legal frameworks aimed at protecting children's rights. This study presents an original approach by applying the principles of Maqasid Syariah to evaluate and strengthen child protection laws in Indonesia, specifically Law No. 35 of 2014 on Child Protection. The objectives of this research are to assess the effectiveness of the current legal framework in protecting child workers, identify its limitations, and explore how Maqasid Syariah principles can enhance these laws. The research employs a qualitative method, utilizing literature reviews and legal analysis to evaluate the existing legal framework and propose improvements based on Maqasid Syariah principles. Empirical findings reveal several limitations in the current legislation, including inconsistent implementation and enforcement, resource constraints, lack of coordination among stakeholders, insufficient awareness and education about children's rights, and the need to address the root causes of child labor, such as poverty and socio-economic inequalities. The practical implications of this study include recommendations to prioritize education, enforce strict labor protection regulations, enhance community training and awareness, encourage multi-stakeholder cooperation, and conduct regular monitoring and evaluation of child protection policies and programs. The study also highlights the importance of using the hierarchy of five protections (religion, life, intellect, lineage, and property) as indicators in evaluating child protection. By adopting a holistic approach grounded in Maqasid Syariah, this study proposes a new theoretical framework to integrate these principles with contemporary child protection laws. This offers a promising avenue for enhancing the effectiveness of child labor policies globally, ensuring that children grow up in a safe, healthy, and supportive environment, free from exploitation and hazardous working conditions.
Why Not Indonesia an Islamic State? Constitutional Debate Concerning Religion-State Relation in A Muslim Majority Country Omara, Andy
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.v8i1.15889

Abstract

When Muslims are majority in a particular country, it is often linked to the adoption of Islam as the state official religion or Islam as the identity of the state i.e. “Islamic State.” Yet, this is not the case of Indonesia. Why did not the Indonesian constitutional drafters declare Indonesia as an Islamic state or at least recognize Islam as the state official religion in the first Constitution despite the fact that Indonesia is a Muslim majority country? What explains the above fact? This paper aims to answer these two important questions by employing two constitutional law approaches: constitutional history and constitutional deferral. Constitutional history aims to understand the original intentions of the framers of the first Constitution through studying the minutes of the 1st Constitution. Constitutional deferral concept is used to explain the formulation of state-religion relation in the provisions of the first Constitution. This paper argues the fact that the constitutional drafters did not expressly state Islam as the state official religion in the Constitution did not mean that they overlooked to discuss such an important topic, rather because they had diverse views on how to include religion-state relation in the constitution. The sharp ideological difference among constitutional drafters is likely the cause of the adoption of constitutional deferral -a method of drafting constitutional through somewhat general and abstract provisions. The use of constitutional deferral is favorable because it opens more opportunity among constitutional drafters to achieve consensus and get things done. In practice, Indonesia is not a country officially based on Islam, but substantially Islamic values live in Indonesia. This article contributes to the study of the relationship between state and religion in Indonesia, regarding the current and future background and dialectics.
Translation of the Quran in Tolaki: a Perspective of Religious Moderation, and Islamic Law Gunawan, Fahmi; Khairunnisa, Ainy
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (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.v8i3.24060

Abstract

This study focuses on the study of the translation of the Qur'an in Tolaki culture in Southeast Sulawesi from the perspective of religious moderation and its influence on Islamic law, as well as the factors that influence the translation. The method used is the descriptive analysis of the verses of religious moderation in Tolaki culture and Islamic law. The results of the study indicate that the verses of religious moderation include national commitment, tolerance, peace, and adaptive culture. In translating the verses of religious moderation, the translators used translation techniques such as established equivalence, transposition, modulation, reduction, discursive creation, literalism, borrowing, compensation, explicitness, addition, and adaptation. Socio-culturally, the Tolaki people have several concepts of religious moderation that can prevent potential unrest and conflict, such as the concept of medulu (self-esteem; togetherness), mepokoaso (unity), meohai (loyalty to the leader), mbeohai (brotherhood), mbeohai (loyalty to the leader); mbeohai (brotherhood), mombokulaloi (respect), samaturu (mutual cooperation), mombehunggaia (openness), mbendeporombu (deliberation and consensus), meloo mbenao (humility), mondotu'a (peace), and mombalalo (tolerance). The implications for the Tolaki community in Southeast Sulawesi are seen in the relatively high attitude towards religious moderation. The values of local wisdom that are embraced facilitate expanding opportunities for sustainable harmony and peace while minimizing the prevalence of conflict in society.
Caring for Elderly Parents with Dementia in Indonesia: A Maqāṣid al-Sharī'ah Approach Herlina, Herlina; Muyasaroh, Muyasaroh; Husaini, Husaini; Bakhrum, Bakhrum; Zaimuddin, Zaimuddin
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.v8i2.22734

Abstract

This study explores the patterns of care for elderly parents during the critical period of dementia in order to ensure that their environment is prepared to accommodate any change that may occur. In individualistic societies, elderly care is often delegated to third parties. In contrast, in societies that adhere to religious teachings, caring for elderly parents is seen as not only an act of filial piety but also a form of repayment for the parents’ kindness, as outlined in the theory of maqāṣid al-sharī'ah. This study focuses on the pattern of care from the perspective of maqāṣid al-sharī'ah theory. Data were obtained from the “Herlina Herman Beroni” Sharia Family Law Consultation Institute. Data measurement and analysis were conducted using N-Vivo 12 simultaneously and repeatedly, to generate credible and transferable data. The results of the study showed that saturation and conflict often occur in the process of caring for parents with dementia, especially in the elderly, due to a lack of understanding in collaborating religious and medical knowledge when dealing with changes in the parents’ attitudes and actions. Children, family members, or caregivers are unprepared to accept the transition and changes in the elderly parents’ attitudes, which often leads to misunderstanding and/or neglect of the elderly parents. The implication is a shift in the obligation of children to care for elderly parents caused by discomfort in facing the dementia phase.
Justice and Utility in the Settlement of “Klacht Delict” through Mediation: Concept and Impact in Aceh Husin, Muhammad; Syahrin, Alvi; Din, Mohd.; Ilyas, Ilyas
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.v8i1.22530

Abstract

This article examines the process of settlement of criminal cases of whole complaints resolved in Aceh through mediation. The settlement of “klacht delict (delik aduan)” cases in Aceh is practiced in the customary law society by directing the Qanun Aceh. The main focus of this study is the process of its completion, the legal effectiveness of the concept of mediation, as well as consideration of aspects of the legal purpose of the mediation process. This study uses empirical juridical methods which are analyzed using a restorative justice approach and legal sociology. Data was collected by conducting in-depth interviews and document studies. The results of the research showed that the criminal complaints settled by mediation with the non-litigation pattern practiced by law enforcement and the community in Aceh have met the legal objectives, including the aspects of utility and justice. This model of settlement has met the requirements of usefulness and justice for perpetrators and victims and is considered complete, so the case has not proceeded to the stage of investigation and is not passed on to the prosecution. Nevertheless, the settlement through mediation is not satisfied from the point of view of legal certainty, as the general criminal gap must not be resolved by mediation. Sociologically, this legal rule has an impact on society regarding criminal complaints that are resolved through mediation through non-litigation and are never again demanded for a law enforcement process regarding the results of the mediation which has been stated in the peace deed. So mediation has an impact on the realization of peace and order in society.

Page 29 of 45 | Total Record : 446

 27   28   29   30   31 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 2 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 1 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 2 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 1 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 2 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 1 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam More Issue