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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 State’s Business Upon Indigenous Land in Indonesia: A Legacy from Dutch Colonial Regime to Modern Indonesian State Fahmi, Chairul; Stoll, Peter-Tobias; Shabarullah, Shabarullah; Rahman, Malahayati; Syukri, Syukri
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.v8i3.19992

Abstract

The indigenous populations of Indonesia have experienced the deprivation of their rights to their ancestral lands since the era of Dutch colonialism. This article seeks to analyse the occurrence of the rights of indigenous peoples to their ancestral territories, and the state’s right claim over indigenous customary lands. This study is a qualitative method with a socio-legal research approach, focussing on theoretical and empirical work, combining doctrinal and non-doctrinal analysis for data interpretation. The findings indicate that the transfer of collective rights from indigenous communities to state authorities is rationalised through the omission of acknowledgement of unwritten customary law and the imposition of a positive legal framework centred on individual rights rather than collective rights. In contrast, the state acknowledges indigenous land rights to a restricted and contingent extent, contingent upon indigenous communities substantiating their rights within the framework of the state's legal system, maintaining occupation of their ancestral lands, and ensuring that such rights do not impede the state's business and economic interests. 
Dynamics of Islamic Family Law in Facing Current Challenges in Southeast Asia Nasohah, Zaini
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.v8i1.16553

Abstract

Shariat contains rules appropriate for facing challenges at all times. It encompasses all aspects of human life including family laws. Family law as one of the important components in fiqh is based on evidence that is of juz’i and tafsili nature. This makes Islamic family law something dynamic. This article aims to view the position of Islamic family law in fiqh. It also intends to analyze the dynamicity of Islamic family law in facing current and future challenges, especially in Southeast Asia. Analysis was done through the content analysis method as descriptive and comparative. The findings of the analysis explained that Islamic family law is revealed in various forms of law bands appropriate to the current needs of the Islamic world. However, it is still in its basic framework which is to build a family system and consequently human social system based on Islamic law. Therefore, this dynamicity makes it remain relevant in facing current challenges. This study aims to analyze the dynamics of Islamic family law in facing current and future challenges. The analysis was made using descriptive and comparative content analysis methods. The results of the analysis explain that Islamic family law has been implemented in various forms and regulatory channels that are by the problems of the Islamic world. However, the rule is still within its basic framework, which is to compile the family system and so on the human social system based on Islamic law. Rather, it is this dynamic that makes it eternal and relevant to be ahead in facing today's challenges. The article also concludes that the Islamic family law that the state has fixed is dynamic with social and customary realities such as marriage, divorce, and women's and children's rights, especially in Southeast Asia.
Women and Family Based Voter Education Strategy to Increase Community Participation in Elections in Buton, Indonesia Kadir, Abdul; Burhan, Burhan; Mahrudin, Mahrudin; Sumardona, Sumardona
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.v8i3.24050

Abstract

This article discusses women and family-based voter education strategies to increase community participation in regional elections in Buton, Southeast Sulawesi, Indonesia. Voter education plays an important role in strengthening democracy and generating public interest, then women and families are important segments in the context of political participation in Indonesia. This study uses qualitative methods, analyzed with political participation theory. Data was collected by means of document study and interviews. The documents analyzed refer to articles, books, scientific reports and various studies related to the discussion, while the informants interviewed are women voters and their families. This study concludes that as an election organizer, the KPU at the district/city level can adopt the concept of a social learning framework to observe the configuration and dynamics in organizing elections. Social learning involves commissioners and the public in learning from peers, first-time voters, and available resources. Political education can also strengthen democratization efforts and overcome negative perceptions of politics. Voter education plans must consider the development of autonomy, open-mindedness, efficiency, transparency, and popular or non-formal education. To increase community participation in elections, women and their families must maximize their role as segments of voters who are close to the community. According to political participation theory, one effective strategy to increase political participation is elections that involve women and families so that people's voices can be meaningful in building democracy.
Towards the Multidimensional Ushul Al-Fiqh: A Study of the Integration of Science in the Fatwa of Majelis Ulama Indonesia Thahir, A. Halil
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.v8i2.19686

Abstract

 This research examines multidimensional ushul al-fiqh in analyzing the fatwas of the Majelis Ulama Indonesia (MUI). The main problem to be explained in this article is the importance of social sciences for multidimensional ushul al-fiqh as contained in the fatwa of the Indonesian Ulema Council. This research uses normative juridical methods which are analyzed using the ushul fiqh theory. The data collection method is documentation, namely taking data from journal articles books, and other sources. The method of analysis is the content analysis that the researchers use using the theory of multidimensional ushul al-fiqh, while the object is the fatwa-fatwa of the Majelis Ulama Indonesia (MUI). This research has two results. First, the social sciences complement the evidence of fundamentalist rulings in realizing the natural environmental influences, as a basic determinant and a major guide to people's lives, and the jurisprudence of social movements, of all kinds, considering the ties that bind people, and exploring the depths of the soul Humanity, considering the human being the pivot and the basis of this existence, so that the rulings derived from it are in agreement and conformity according to social issues. Secondly, the fatwas of the Council of Indonesian Scholars in the social field include those based on social sciences in addition to fundamental principles such as the Qur’anic texts and the Sunnah of the Prophet. In the context of ushul fiqh theory, it increasingly proves that fatwas and social sciences are quite dynamically integrated. This is evident in the fatwa of massage parlors and the sending of female workers abroad. Among them were those who were more inclined to fundamentalist rules than to pay attention to the social sciences, such as the fatwa on interfaith marriage and the celebration of Christian birth.
Double Track System for Child Convictions for Sexual Violence In North Sumatera: Perspective of Restorative Justice Purba, Nelvitia; Suriani, Suriani; Ismail, Ismail; Ismail, Wan Nor Azilawanie Tun; Saragih, Al-Kausar
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.v8i2.23000

Abstract

 Such rapid advances in technology are the cause of criminal acts of sexual violence committed by children. So far, sanctions against perpetrators of criminal acts of violence against children have been carried out by children under 12 years of age by returning them to their parents, guardians and adoptive parents. This research was conducted with the aim of knowing the forms of criminal acts of sexual violence and their handling, sanctions and criminal action (Double Track System) for the Development and Education of Criminal Sexual Violence (COSV) against Children in North Sumatra. This research uses empirical legal methods analyzed with the theory of restorative justice. Data was collected by means of in-depth interviews and documentation. The informants interviewed were academics, legal activists and community leaders. Documents refer to relevant journal articles, books and references. The results of the research show that the application of punishment to minors, especially children under 12 years of age who commit criminal acts of sexual violence, receives very serious attention considering that sexual violence has a psychological impact on the victims. Criminal sanctions and providing action in the form of guidance and education for perpetrators of sexual violence, implementing regulations are very necessary as guidelines for judges in handing down decisions as regulated in Law Number 11 of 2012. According to the theory of restorative justice, children who commit sexual violence must be resolved in a dignified manner with guidance and education, so that children's rights are not neglected.
The Practice of Adoption in the Sasak Community and Its Implications for Marriage Law in Indonesia Jumarim, Jumarim
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.v8i1.18581

Abstract

Adopting a child is a tradition that has long been practiced by Arab society and continues to this day. The practice of adopting children when Islam came was then perfected by the Prophet Muhammad PBUH, so that it has a basis in Islamic law. This study explores adoption practices in contemporary Sasak society and their implications for reformulating Islamic Marriage Law. This research uses a normative juridical approach analyzed with the theory of maqāṣid al-sharī'ah. The data analyzed are laws, legal regulations and decisions of religious courts on the island of Lombok, West Nusa Tenggara regarding child adoption cases and norms regarding child protection as normative legal material. These data sources are collected through documentation techniques and analysed using data compaction, display, and conclusion-drawing stages, employing analogical and teleological legal interpretation approaches. The study identifies three classifications of adopted children based on marital status and the presence of biological parents: legitimate children, illegitimate children, and children with unclear status. The research upholds the Islamic legal principle that adoption does not sever the child's lineage from their biological parents, even if their existence is unknown, and does not establish a lineage between the adopted child and their adoptive parents. The study has three implications for Islamic marriage law in Indonesia: including adoption provisions in the Marriage Law, eliminating the article that allows polygamy as a solution for childless couples, and adding requirements for marriages involving "unclear children" as authentic evidence to prove no blood relation between the prospective bride and groom, thus preventing invalid marriages.
Tradition, Social Values, and Fiqh of Civilization: Examining the Nyadran Ritual in Nganjuk, East Java, Indonesia Hasan, Nor; Taufiq, Muhammad; Hannan, Abd.; Ghafiri Enhas, Muhammad Iqbal
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.v7i3.20578

Abstract

This research focuses on examining the Nyadran ritual in Sono Ageng Village, Nganjuk Regency, approached through the relationship between tradition, social norms, and fiqh of civilization. The study used a qualitative approach with phenomenology as a method, utilizing John F. Haught's theory on the relationship between religion and culture, and both primary and secondary data. This study has three findings: First, Nyadran is an annual tradition containing the meaning of slametan, prayers, means to strengthen social relations, and respect for ancestors or forefathers who have greatly contributed to establishing the Sono Ageng Village. Second, although Nyadran was initially known to the public as a local tradition, subsequent developments reveal that Nyadran underwent a process of acculturation with the values and teachings of the Islamic religion. The relationship between religion and culture in the Nyadran tradition is formed through a process of contact and confirmation. Third, from a Fiqh of Civilization perspective, the values contained in Nyadran includes gratitude for Allah's blessings, prayers for ancestors, a place for friendship, and a true transformation of social values in line with the visions of Fiqh of civilization. The implication of this study is the maintaining traditions and social harmony within the paradigm of Fiqh of Civilization to create an attitude of tolerance and moderation in the life of a pluralistic society.
Revealing Identity to Form Student Character: Application of the Hidden Curriculum in Islamic Legal Education Obaid, Yahya; Abidin, Aswar; Samsuddin, Samsuddin; Kadir, St. Fatimah; Baharuddin, Ahmad
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.v8i3.24061

Abstract

Education is one of the most important instruments for forming character and personality. In higher education, especially Islamic law education, curricula serve not only as a means of transferring science but also as a medium for character and moral formation. The study examines the application of hidden curriculum in Islamic law education and its implications for students' character at State Islamic Religious Institute (IAIN)  Kendari. Research methods are qualitatively descriptive. Data is obtained through observations, interviews, and documentation. The collected data is processed through data reduction, presentation, and verification, with data validity testing using source triangulation, techniques, and time. The research results show the application of hidden curriculum in Islamic legal education is known through the interaction of faculty-students, Islamic law practice, observance of order and discipline, academic cultural awareness, and extracurricular activities. The values and norms that are indirectly taught in the educational environment have a considerable role in shaping the personality and character of students. The hidden implications of the curriculum for student character formation are manifested in student integrity and ethics, leadership and responsibility, empathy and justice, and the practice of the principles and values of Islamic law in everyday life. Therefore, institutions must integrate hidden curricula into Islamic law education to achieve comprehensive and sustainable educational goals.
Understanding of the Hadith, Marriage Age and the Islamic Law: Study of Regent’s Regulations in Bojonegoro, East Java Nasrulloh, Nasrulloh; Nur Fauzi, Ahmad; Mubarak, Amien; Suriyanto, Muhammad Sandika; Kholqi, Ahmad Muhammad Sa’dul
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.v8i2.19567

Abstract

The prevalence of early marriage in Bojonegoro has led to the implementation of Regent’s Regulation Number 19 of 2023, which aims to provide incentives for prospective brides. Bojonegoro Regency is positioned as the 9th highest in terms of marriage dispensation cases in East Java Province. Hence, this study seeks to determine the efficacy of implementing the regent's laws in relation to the principles of legal effectiveness and the field of ma'anil hadith. This study employs empirical legal research methodology to assess the restrictions set by the regent, utilizing the theory of legal efficacy. Additionally, it utilizes the theory of ma'anail hadith science to provide a comprehensive knowledge of the hadith. The findings of this study establish that the restrictions implemented by the regent are deemed effective in terms of legal compliance, law enforcement, provision of facilities, societal impacts, and cultural aspects. The comprehension of the hadith concerning the Prophet PBUH marriage to Sayyidah 'Aisyah ra does not contradict the laws and regulations set by the Bojonegoro regent in establishing the age restriction for marriage that qualifies for incentives for both the bride and groom. Other hadiths elucidate the prerequisites for marriage, namely pertaining to religious, physical, financial, and social development. This research highlights the importance for other regional governments to implement policies similar to those implemented by the Regent of Bojonegoro. These policies have been demonstrated to be beneficial and in accordance with Islamic law in reducing the prevalence of early weddings, which have detrimental effects on the couples involved.
The Politics of Law on the Fulfillment of Restitution Rights for Rape Victims Based on the Qanun Jinayat in Aceh Aljamalulail, Syarifah Rahmatillah; Rani, Faisal A; Muazzin, Muazzin
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.v8i1.16307

Abstract

This study aims to explore the policy of the politics of law and procedure for the effective fulfillment of restitution rights for rape victims in Aceh. For rape victims, restitution is a form of compensation as part of the fulfillment of human rights and legal protection for the disadvantaged party. Providing compensation for rape victims is crucial as generally the victims come from vulnerable groups who have been harmed physically, psychologically, and socially. However, the mechanism for obtaining compensation in the form of restitution for rape victims has been an issue in Aceh. In addition, the question arises on how the implementation of restitution is in the decisions of judges who try rape cases based on the Qanun Jinayat. This study used a normative juridical method, analyzed with the theory of legal politics. The study concludes that the regulation of restitution in the Qanun Jinayat as an additional punishment for rapists needs to be further studied to examine whether restitution as an additional punishment can fulfill a sense of justice for the victims. Moreover, the restitution formulation in the Qanun Jinayat Aceh has not made it easy for rape victims to receive compensation from the perpetrators due to the complicated process and requirements for obtaining restitution. However, in the context of legal politics, the Qanun Jinayat can be understood as a government policy to provide legal certainty and justice. Any shortcoming at present means that more room for improvements in its implementation in the future.

Page 31 of 45 | Total Record : 446

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