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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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The Kembar Manten in Java Majapahit Wedding Traditions in Mojokerto: Perspectives on Natural Law and Anthropology of Islamic Law Hidayah, Khoirul; Syarifah, Umaiyatus; Muhammad, Muhammad; Bachri, Syabbul; Roibin, Roibin
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.v8i2.19611

Abstract

Majapahit Java has customary law, namely rules prohibiting "kembar manten" marriages, namely two bride and groom couples marrying at the same time, and the walimah party is held together with the symbol 'kuwade' in one 'terop'. This study employs empirical legal methodologies, incorporating a phenomenological and anthropological approach. Meanwhile, the analytical tools encompass notions related to natural law, justice, and the anthropology of Islamic law. The collection of primary data was conducted through interviews of traditional authorities, religious leaders, knowledgeable individuals in the customary laws, and marriage practitioners who perform 'Kembar Manten' marriages in Mojokerto. The examination was conducted utilizing Thomas Aquinas' theory of natural law and justice, joining with the anthropology of Islamic law. In order to achieve justice in the natural law, it is necessary to have a policy and proportionality when making the walimah ursy, which is specifically created for a single wedding pair. In the field of the Islamic law anthropology, the 'Kembar Manten' refer to customs and customary laws that are regarded obligatory and advantageous. They are intended to promote the welfare of both the bride and groom's families. Neither the Qur’an nor the Hadith provide any instructions suggesting that the walimah ursy is meant for more than one couple during a single walimah. The ban of 'Kembar Manten' in the framework of  Islamic legal anthropology is a customary practice within the community aimed at achieving well-being and security. Provided that the rules are designed to promote goodness and safety, it is imperative to preserve the values of local wisdom rules as a valuable cultural heritage of the nation. This article aims to enhance understanding of the customary law and local wisdom values in the Indonesian marital law. 
Bullying on Social Media: Primitive Behavior Against Prophetic Marchals From A Hadith Ahkam Perspective Ahmad, La Ode Ismail; Ali, Muhammad; Mirwan, Mirwan; Sakka, Abdul Rahman; Mosiba, Risna
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.v8i1.20189

Abstract

This article aims to outline some prophetic instructions regarding social interaction to avoid bullying behavior. This study uses a normative qualitative method, namely analyzing hadiths related to bullying with an ahkam hadith perspective.  This study concludes that bullying behavior from the perspective of hadith is: 1) The Hadith narrated by Ibn Majah generally explains how the Prophet's Hadith views bullying as leading to degrading behavior. This is obtained from the word ihtiqarwhich has a correlation in meaning with the orientation of bullying behavior itself, namely degrading. Then a complete reading of the hadith narrated by Imam Muslim adds an explanation of indications of bullying behavior such as envy, hatred, belittling and tyrannizing other people. These attitudes are the seeds of hostility and division between people; 2) The basic idea of Ibn Majah's hadith number 3203 is the value of humanism, namely the effort to maintain a humane attitude towards fellow humans in any situation and condition. In the previous comprehensive thematic study, it was also sufficient to contribute to the conclusion of the basic idea of the hadith studied, namely explaining the consequences for perpetrators of bullying both verbally and physically. This spirit is in line with the spirit of humanism which condemns all kinds of acts of harassment or degrading towards fellow human beings. Therefore, in the perspective of ahkam hadith there is a need for preventive measures in order to prevent or overcome this act of bullying; 3) The preventive measures offered by this hadith are: a) providing spiritual awareness of the importance of preventing bullying early, b) supporting cooperation and breaking the cycle of conflict, c) eliminating inferiority for victims of bullying and honing assertive skills.
Sharia Banking Syndicated Financing in The Context of Funding Strategic Projects after Islamic Financial Qanun Institution in Aceh Nurhisam, Luqman; Eriyanti, Nahara; Mundakir, Mundakir; Mursid, Fadillah; Khulwah, Juhrotul
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.v8i3.15891

Abstract

This article focus on Islamic banking syndicated financing in the context of funding strategic projects in Aceh Province after the enactment of Qanun Number 11 of 2018. The research methodology used is normative legal study, which includes analysis of norms, principles of Islamic banking, and opinions of Islamic economic law experts. The approaches employed are the legislative approach. The object of this research is focused on the role of Islamic banks and the mechanisms carried out by Islamic banking in syndicated financing after the establishment of Qanun Number 11 of 2018 concerning Islamic Financial Institutions. The results of this study indicate that in the context of funding strategic projects, the infrastructure development of Aceh Province. That Islamic banking syndicated financing has an important role on the basis of financing needs on a large scale. It is hoped that the syndicated financing will be the right solution by referring to several provisions that contain sharia principles in the sharia banking syndicated financing process. The enactment of Qanun Number 11 of 2018 concerning Islamic Financial Institutions, became the legal basis for the implementation of syndicated financing. In addition, it also refers to the fatwa issued by DSN-MUI Number 91/DSN-MUI/IV/2014 concerning Syndicated Financing (Al-Tamwil Al-Mashrifi Al-Mujamma'), and based on OJK Circular Letter No. 36/SEOJK.03/ 2015 concerning Products and Activities of Islamic Commercial Banks and Sharia Business Units. So the implementation of syndicated financing at Islamic banks in Indonesia is in principle in line with the existing provisions in Sharia, but still must continue to be supervised by the Sharia Supervisory Board/DPS in this case the context is the Aceh Sharia Council/DSA so that there are no violations in its implementation.
Falling Out of Love: Divorce of Three Acehnese Ubanan Couples in the Islamic Law Perspective Husin, Asna
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.v7i3.19433

Abstract

“The most hated of permissible things to Allāh the Exalted is divorce”—this Prophetic tradition is narrated by AbūDāwūd and Ibn Mājah. Yet divorce is now on the rise in Aceh where Islamic Sharī‘ah is supposedly being implemented; there were 6,823 divorce cases in the province during the first ten months of 2022, with most proposed by young couples. This study examines divorce in mature families aged fifty and above, who have been married for many years in the perspective of Islamic law. We analyze their marriage and the nature of their life leading to divorce, the reasons for falling out of love, and the impact of separation on their well-being and on their loved ones. We review the Islamic sources and academic literature about marriage and divorce, the government and media reports for statistics, and we interview three couples along with several of their children in order to obtain insights into their experience. We uncover the complexity surrounding marriage and divorce, as well as religious, social, and personal reasons guiding their action or non-action. The study recommends that governments and religious institutions implement premarital courses as a condition of marriage so that divorce rates can be reduced. Such policies must be accompanied by meaningful and well-funded national government programs to save the institution of marriage and be able to maintain family cohesion in Indonesia. 
Interpretation of the Hadith Regarding the Command to Wipe the Khuf: Study of AGH. Lanre Said’ Work in the Islamic Law Perspective Tangngareng, Tasmin; Wangsa, Fadhlina Arief; Rayyn, I Gusti Bagus Agung Perdana
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.v8i2.20401

Abstract

One aspect that is very important to pay attention to is related to purification in the realm of worship, including the command to wipe the khuf. Wiping the khuf is the ability to wipe one's shoes as a form of relief and as a substitute for wiping one's feet when performing ablution. However, this is still very rarely known by Muslims. This article aims to elaborate on the hadith regarding the command to wipe the khuf contained in the book al-Żikrā by AGH. Lanre Said. This is a descriptive qualitative research using the ma'ānī al-ḥadīṣ science approach, which is a contextual interpretation technique in analyzing the Islamic law contained in the hadith. The data is then analyzed and elaborated using contextual interpretation techniques. The results of the research show that contextually khuf is anything that is used to cover the feet made of thick cloth or leather. According to the science of ma‘ānī al-ḥadīṣ, considering asbāb al-wurud and paying attention to social situations and realities, this hadith must be understood contextually. Interpretation and understanding of the hadith contained in his work uses contextual understanding, in accordance with current developments. As for the Islamic law, the order to wipe the khuf only applies temporally or conditionally, even in the current context the order to wipe the khuf is only optional. The command to wipe the khuf according to Islamic law is basically permissible. Understanding this hadith will have implications for the elastic and flexible application of the Islamic law in the society.
Budget Management of the Aceh Government: An Analysis of the Maqāṣid al-sharī’ah Approach Ayumiati, Ayumiati; Fahlevi, Heru; Yasir Yusuf, Muhammad; Abdullah, Syukriy
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.v8i1.19886

Abstract

Aceh is a region that has special autonomy and privileges based on law within the Unitary State of the Republic of Indonesia. In terms of the application of the special autonomy, four pillars shall be enacted by the government, including the implementation of religious life and the role of religious scholars in making regional policies in the context of Islamic law. This present study aims to examine the realization of regional expenditures based on their functions in accordance with the maqāṣid al-sharī’ah (objectives of the Islamic law). This normative legal study analyzed data by using the theory of maqāṣid al-sharī’ah. The data consisted of documents such as Aceh Regional Revenue and Expenditure Budget (APBA) reports, legislations, and relevant articles and books. The findings of the study revealed that the determination of regional expenditures has been moderate and reflected the realization of the maqāṣid al-sharī’ah, although less optimal. In addition, the implementation of APBA management has been in line with the maqāṣid al-sharī’ah, including protecting soul, property, religion, mind, and lineage. Yet, in the concept of maqāṣid al-sharī’ah, the proposed order should be protecting religion, soul, mind, lineage, and then property. Despite following the maqāṣid al-sharī’ah, the order of the implementation of APBA management differs from that developed by Muslim scholars. However, such hierarchical order needs not to be understood as is, since in certain conditions (i.e., emergency), protecting soul should be more prioritized than protecting religion. Moreover, the category of budget management cannot be distinguished diametrically, i.e., protection of mind also includes protection of religion since it involves funding for education and dayah (Islamic boarding schools).
Ambiguity Degrees of Courtesy in Trial: Ethical and Legal Norms, Legal Reasoning in Judicial Decisions Helmi, Muhammad Ishar; Pujiyono, Pujiyono; Zada, Khamami; Encep, Encep
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.v8i2.23540

Abstract

Courtesy reasons are the basis for the legal reasoning of mitigation, as stated in the decision. Courtesy reasons only happen in one case. The Criminal Code explains the aggravating and mitigating circumstances of a sentence that is not considered decent in a conference. Explicitly, the word courtesy is not a reason to lighten the sentence. Article 197, paragraph 1, letter f of the Criminal Procedure Code contains the words "articles of statutory regulations which are the basis for punishment or action and articles of statutory regulations which are the legal basis of the decision." This paper uses normative legal research methods to analyze legal problems with analytical and prescriptive discipline. The findings in this research show that courtesy is not worthy of consideration in the decision as a basis for mitigation. Courtesy is an obligation for all parties in a court conference. Because when a party does not act politely, it is a crime against the judiciary or an insult to the Court. Also, courtesy norms are individual subjectivities that cannot be determined by law, especially by judges. Judges do not judge ethical norms but legal norms. The legal norms align with criminal law in that the use of norms of courtesy causes their application to criminal law because of their abstract and different nature.
Perspective of Employment Relations and Wages in Labor Law and Islamic Law Kunarti, Siti; Handayani, Sri Wahyu; Ardhanariswari, Riris; Faisal, Faisal
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.v8i1.17045

Abstract

The implementation of work employment and wages is not in line between labor and Islamic law. This study aimed to review and analyze labor employment and wage arrangements from perspectives on labor law and Islamic law. This research used a normative juridical method with a contextual approach, rules and regulations, the Quran, and hadith. The results showed that Islamic and labor laws have the same goal: that workers can live decent lives. In labor law, work relations are born from work agreements, and wages are the right of workers after obligations are carried out. However, in Islamic law, work relations are based on justice without exploitation, are efficient, and do not violate other sharia principles, and wages are included in the study of Ijarah. The concept of employment is based on time, type of work, and targets obtained. F or work relations and wages to fulfill human dignity, it is necessary to contain labor regulations that pay attention to the principles of relations and wages in Islamic law.
The Bilateral Inheritance System in Islamic Family Law: Fairness, Equality, and Mutual Exchange Perspectives Aniroh, Reni Nur; Nasution, Khoiruddin; Sodiqin, Ali
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.v8i2.17630

Abstract

This article aims to demonstrate that bilateral inheritance is a system of inheritance that is intended to embody the principles of equal justice in Islamic family law. Hazairin, the pioneer of bilateral inheritance, has initiated the implementation of these principles. However, there are still some issues that need to be addressed in some circumstances. This study employs a juridical legal approach, examining it through the lens of John Rawls' theory of justice and Mubādalah Faqihuddin Abdul Kodir's theory. The studied material consists of notions and perspectives concerning the distribution of inheritance in Islamic law, derived from the Qur’an, hadith, and the viewpoints of ulama and legal professionals. The article's conclusion demonstrates that, according to John Rawls's theory of justice and Mubādalah Faqihuddin Abdul Kodir's theory, bilateral inheritance, when interpreted in a mutually equitable manner, establishes equal positions for men and women in terms of both lineage and inheritance, based on their individual circumstances. Under circumstances where women, like men, can inherit all assets as sole heirs without contravening the explicit restrictions of the text, Furthermore, the allocation of inherited assets can be executed without any complex calculations or meticulous planning, since these assets can be fully utilized without any surplus or diminishing the portion received by the heirs. This essay aims to highlight Hazairin's innovative proposal for ensuring fair treatment in inheritance disputes while also addressing the theological issues that have been overlooked. Consequently, it is possible to examine Hazairin's thesis by employing Rawls' theory of justice and Mubjadi Faqihuddin's theory.
Islamic Feminists’ Rejection of the Textual Understanding of Misogynistic Hadiths for the Advancement of Gender Justice in Makassar, Indonesia Tasbih, Tasbih; Langaji, Abbas; A. Hafid, Saidah; Bakti, Andi Faisal; Haris, Abdul Gaffar
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.v8i1.19856

Abstract

Islam is a religion that upholds the values of justice and equal rights between men and women, but the understanding of the Indonesian Muslim community is still wrong with the teachings of Islam. One of the reasons includes misunderstanding of misogynistic hadiths, namely hadiths that editorially seem to demean women. This study aims to explore Islamic feminists’ rejection of the textual understanding of misogynistic hadiths to uphold gender justice. This Islamic feminist stance needs to receive support so that gender justice is in line with Islamic law. This research uses empirical qualitative methods by analyzing the theory of understanding hadith and gender theory. The study obtained data from interviews and a literature review. The respondents interviewed were academics, NGO activists, and community leaders, while the literature included journal articles, books, and Islamic textbooks on Islamic law. The study took place in Makassar City, Indonesia from September 2022 to March 2023. Findings reveal that Islamic feminists in Makassar City criticize the textual interpretations of misogynistic hadiths as they demean women’s dignity and are not in accordance with the values of Islamic teachings. If analyzed from a gender perspective, Islamic feminists have played an important role in fighting for gender equality in a religious context. Meanwhile, in the context of hadith understanding theory, a contextual approach is needed to provide a comprehensive understanding of society so that gender justice is realized. The contribution of this study is that the Islamic feminist perspective that reviews misogynistic hadith through a contextual approach helps provide inspiration and direction for other efforts to encourage social change and gender justice.

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