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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
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Interfaith Marriage and the Religion–State Relationship: Debates between Human Rights Basis and Religious Precepts Maula, Bani Syarif; Muhsin, Ilyya
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.v8i2.19479

Abstract

Following the Constitutional Court’s dismissal of the judicial review of Article 2, Paragraph 1 of the Marriage Law, the Jakarta Central District Court granted approval for the registration of inter-religious marriages. The issue of inter-religious marriage has once again become a hot topic of social discussion. Following the controversy, the Supreme Court issued a circular ordering the court not to grant marriage registration applications for interfaith couples. This study draws on normative legal research and empirical analysis of interfaith marriages to answer the question of how states (through courts) view and negotiate interfaith marriages from state, legal, and religious perspectives. The objective of this study is to examine the arguments presented by proponents and opponents of interfaith marriage in Indonesia, particularly focusing on the discourse surrounding human rights principles and the adherence to religious teachings within the realm of marital practices. The study concluded that Islamic law remains one of the most fundamental elements of contemporary Muslim family life practices in Indonesia. All religions, including government officials and judges, generally consider interfaith marriages illegal and prohibit them under the Marriage Act. The Constitutional Court's decision to deny judicial review of the provisions governing interfaith marriage reinforces the argument that, in terms of the relationship between religion and the state, Indonesia falls into the category of countries with religiously governed enclaves.
Legal Capacity and Legal Authority of Adult Age in Indonesia: Medical, Psychological and Islamic Law Perspectives Isroqunnajah, Isroqunnajah; Hawabi, Agus Iqbal; Khoirot, Umdatul
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.v8i1.19834

Abstract

The determination of the age of majority in civil law and Islamic law is an important and controversial issue. Adulthood is closely related to decision-making and responsibility for what they do, both in the eyes of law and socio-culture. Legal capacity and legal authority are important considerations in regulating whether a person is considered to have the capacity to take legal decisions. This study aims to analyze or measure the concept of age of majority in civil regulations from medical, psychological and Islamic legal perspectives. This research uses empirical legal studies with civil law and Islamic law approaches. Researchers collected data in two ways: in-depth interviews and literature studies. The results showed that the government has set rules summarized in the law in accordance with the area of the legal case at hand. In the context of criminal law, it can refer to the Criminal Code (Criminal Code) while Islamic law can refer to the KHI (Compilation of Islamic Law). Although there is no alignment of age determination in it, so when legal problems arise, because there are indeed differences, including from a medical and psychological point of view. Therefore, it is necessary to standardize the age of maturity for a person to have certain rights and obligations within the state or in the face of law. The results of this study are expected to provide deeper insights into the view of adulthood from the perspective of law, fiqh, and psychology in the context of civil regulations. The implications of this research can be useful in developing legal policies that are more adaptive and inclusive to cultural differences and views in determining a person's legal capacity and legal authority in the realm of civil law.
Female Circumcision in Bugis-Makassar Society of South Sulawesi: Between Cultural Symbolism and the Islamic Law Basri, Rusdaya; Rahmawati, Rahmawati; Zainab, Zainab; Ali, Farouq Ahmad; Ameliah, Rizkah
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.v8i3.22381

Abstract

A clash of ideas between Islamic teachings and local traditions regarding female circumcision. Bugis women still practice circumcision as a mandatory rite. This research aimed to reveal female circumcision, community understanding, and maslahah contextualization of female circumcision in the traditions of the Bugis tribe in South Sulawesi. This research was field research with a legal culture and benefits approach. Symbolic interactionism theory was used as an analytical tool. The data collection was carried out using observation, interviews, and documentation methods using field studies. The data obtained was then processed and analyzed through three stages, namely data reduction (data selection), data presentation, and conclusions. The research results found that the Bugis female circumcision rite consisted of three stages, namely the preparation, implementation, and post-implementation stages. Bugis female circumcision had a symbolic meaning such as a symbol of Islamic teachings, glory and high rank, prosperity, harmonious family life, purity, and safety in this world and the hereafter. The maslahah assessment of the practice of Bugis female circumcision rites in South Sulawesi and West Sulawesi was studied from 2 benchmarks, namely based on the impact caused and based on the level of damage caused. The practice of symbolic circumcision was permitted and even recommended because it had maslahah value and the symbolic values contained in this practice can be a dzarai (intermediary) in obtaining benefits.
The Reconstruction of The Livelihood Concept from A Mubādalah Perspective in Lampung Province Nur, Efa Rodiah; Mu’in, Fathul; Hamsidar, Hamsidar
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.v7i3.17613

Abstract

The laws and regulations in Indonesia exhibit gender bias, resulting in a rise in divorce cases within the Religious Courts. This can be attributed to the prevailing perception among women that the burden for sustaining livelihoods lies mostly with their husbands. This case pertains to the challenge of formulating legislation that effectively incorporates the notion of livelihood reconstruction while avoiding any gender biases. The objective of this study is to provide a re-evaluation of the notion of livelihood in order to facilitate the development of novel legal products that are more suited to meet contemporary demands. This is qualitative research, wherein data was collected from the Religious Courts in Lampung and subsequently examined through the use of the mubādalah theory. The present study has identified that the prevalence of divorce in Lampung may be attributed to the provisions outlined in Law no. 1 of 1974 and Compilation of Islamic Law (KHI). These legal provisions alone mandate husbands to provide financial support, hence leading to the increased occurrence of divorce. The implementation of these two legislation led to a notable rise of 34.25% in the occurrence of contested divorces within the Province of Lampung. This increase can be attributed to several grounds, including income-related issues accounting for 41.3%, disagreements and domestic violence contributing to 33.3%, and other miscellaneous variables comprising 28% of the overall increase. The promotion of family resilience entails the establishment of a symbiotic partnership between spouses, thereby reinforcing the husband-wife paradigm. This entails the implementation of rights and responsibilities, particularly in relation to income, to foster interdependence and mutual support within the marital union. The novelty of this study is in the ability of the idea of mubādalah to establish a connection between husbands and wives, enabling them to fulfil their respective rights and obligations, particularly in terms of partnership and mutual support within the context of cohabitation.
The Morality of Commercial Advertising Broadcast in Indonesian Television According to Islamic Economic Law Susamto, Burhanuddin; Hakim, M. Aunul; Suwandi, Suwandi; Firdaus, Dwi Hidayatul; Nasyiah, Iffaty
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.v8i3.19475

Abstract

The positive or negative impact of a commercial advertisement on television media depends on the moral quality of the broadcast. This research aims to review the morality of commercial advertising broadcasts on ten Indonesian television stations. To achieve this goal, the author uses empirical legal research with an Islamic economic approach.  Data was collected through document studies, namely advertisements on television, journal articles, views of ulama, books and legal regulations. All of the data was then analyzed using quantitative descriptive methods. From data analysis, it is known that the morality of broadcasting commercial advertisements on national television media only achieves a poor rating.  This means there are several violations of Islamic economic law in broadcasting commercial advertisements in Indonesia. The most dominant violations are related to low advertising ethics and clothing displays. The fact that many commercial advertisers still behave sensually on television media has the potential to have a negative impact on society. This exploitation has the potential to damage the morality of not only advertisers, but also the public who use television services. To prevent negative impacts, unscrupulous advertising needs to be evaluated by giving warnings and even legal sanctions to advertising service providers. From these findings, the author provides input to advertising service providers to improve morality so that commercial advertising broadcasts do not conflict with Islamic economic law.
Legal Dilemma for Land Deed Officials in Transferring Land Title Within Agrarian Reform in Indonesia: A Study in Aceh Province Rahmah, Siti; Jalil, Husni; Kadir, M.Yakub Aiyub
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.v8i1.16898

Abstract

The agrarian reform policy in Indonesia is expected to reduce inequality in land ownership and control, provide legal certainty and reduce land disputes by making various changes to legislation and government policies. This article aims to explore the dilemma of transferring land rights in Indonesia in terms of legal certainty and justice for Land Deed Making Officials (Pejabat Pembuat Akta Tanah/PPAT) who have often faced legal proceedings, referring to cases in Aceh Province, Indonesia. This research uses empirical juridical methods with a case study approach, data collection techniques, interviews, observation and document study. The results of the research show that Land Deed Making Officials have a high legal risk in transferring land rights in Indonesia, especially if there are deviations, errors or mistakes in the procedures for making deeds, so that Land Deed Making Officials are held administratively, civilly and criminally responsible. This problem occurs because of differences in interpretation regarding PPAT's obligation to carry out field verification, lack of legal protection, and lack of village-based land data. This study offers new insights into strengthening customary land database institutions at the village level supported by the National Land Agency. So, this offer helps unravel the complexity of the land transfer process and offers a potential solution for better justice for Land Deed Making Officials under the Jokowi government's agrarian reform, and guarantees justice and certainty for land owners, as a way to achieve the welfare of the people in Indonesia.
Imposing Sanctions on School Students in East Kolaka, Indonesia: Perspectives of Islamic Law and Islamic Education Herman, Herman; Ilham, Muhammad; Pratama, Finsa Adhi; Kartini, Kartini; Iqbal, 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.v8i2.21898

Abstract

Education has become one of the fundamental human rights that must be fulfilled by the state and implemented through legislation. The right to a good education for all citizens has become a global discourse, alongside the rights to work, freedom of speech, and a decent social life. This study examined the imposition of sanctions on students in schools in East Kolaka, Southeast Sulawesi. The study concerned with the perspectives of Islamic law and Islamic education towards imposing sanctions on school students. The study used a qualitative method, analyzed with Islamic law and Islamic education theories. Data were collected by means of observation and in-depth interview with school principal, teachers, students, and academics. The findings reveal that schools apply disciplinary measures as part of the strategies to enforce school code of conduct. Schools integrate such measures into daily activities, which include providing guidance, setting a good example in words and deeds, applying sanctions, and providing rewards. In the view of Islamic law, the imposition of sanctions on students in educational institutions has benefits and is in line with the concept of maqashid al-sharia to discipline students and build their character from a young age, thereby producing good morals. Further, in the perspective of Islamic education, obedience, discipline, and respect for teachers are the morals of students that will have an intellectual and spiritual impact until they reach adulthood.
The Application of Khiyar Principles to E-Commerce Transaction: The Islamic Economy Perspective Hafid, Abd.; Bahri, Syamsul; Marzuki, Sitti Nikmah; Muis, Musrini; Idayanti, Rini
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.v8i1.20890

Abstract

This essay seeks to analyze the utilization of khiyar in e-commerce transactions within the context of Islamic economics. The principle of khiyar allows individuals to exercise the option to either proceed with or terminate a transaction. This theory is applicable to various types of buying and selling transactions, including those conducted in the realm of e-commerce. This study employs a normative legal methodology with an Islamic economic perspective, which is evaluated descriptively. The data was gathered through an extensive analysis of literary sources, including journal articles, books, journals, legal documents, and other relevant references pertaining to the topic of discussion. Islamic economic theory is applied as an analytical framework to examine the concept of khiyar (option) in the context of buying and selling in e-commerce transactions in Indonesia. The research findings indicate that the utilization of khiyar in e-commerce transactions, in accordance with the Islamic law, is permissible as long as it adheres to the prerequisites and fundamental principles of buying and selling. These include honesty, fairness, and the absence of any fraudulent elements. However, if harm is inflicted upon one of the parties involved, the transaction becomes unlawful. In the Islamic law, there is a rule stating that all forms of muamalah transactions are permissible, as long as there are no contradictory arguments prohibiting them. The contract and payment mechanisms in e-commerce transactions are considered to be in accordance with Islamic law and contain benefits, also in line with the opinion of the ulama in the fatwa of the Indonesian Ulema Council. From an Islamic economic standpoint, engaging in e-commerce transactions for buying and selling is sufficient to contribute to the nation's economic expansion, particularly benefiting the middle class and streamlining transactions.
The Confiscation of Husbands’ Wealth as A Collateral for Post-Divorce Child Support: Perspective of Maqāṣid Al-Sharī'ah Zuhdi, Syaifuddin; Dimyati, Khudzaifah; Wardiono, Kelik; Shofia, Rahma; Hakim, 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.v8i2.17326

Abstract

A husband is obliged to take care of his family, including his wife and children. when they divorce, he doesn’t have to support his wife anymore, but he still has to support their children. With the compilation of Islamic Law, statute no 1 of 1974 and circular letter of Supreme Court, Courts decide how much the father needs to pay for child support after a divorce through judge’s consideration. But sometime, fathers don’t follow this decision.  In Indonesia, a 2021 circular letter from the Supreme Court allows the court to take the husband's property to ensure the children get the support they need after the divorce. This research aims to determine the concept of confiscation of husband's property as a guarantee for child support after divorce from a maqāṣid al-sharī'ah perspective.  The method used in this research is a normative juridical method which is descriptive. Data was collected through in-depth interviews and religious court studies. The research results show that the concept of including the ex-husband's assets as collateral for post-divorce child support is included in the execution submitted to the Religious Court for the father's husband's negligence in implementing the provisions regarding child consent in the divorce decision. This process can be submitted by the ex-wife or child's mother or child's guardian to the Religious Court. The concept of confiscating the husband's property as a guarantee for children's support after divorce can provide benefits for children in the form of hifdz nafs (protecting themselves) and hifdz aql(protecting reason), as well as benefits for fathers in the form of hifdz nafs (protecting offspring) and hifdz maal(protecting assets).
Standard Operating Procedure for the Arrests and Detentions of Individuals with Autism in Four Countries Mohd Kusrin, Zuliza; Ab Rahman, Roseliza Murni; Samuri, Mohd Al Adib; Muhd Adnan, Nurul Ilyana
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.v8i1.16085

Abstract

Autism spectrum disorder (ASD) is categorized under neuro-developmental disorders. Individuals with this disorder experience deficits in social interaction and communication skills as well as repetitive patterns of thoughts and behaviours. The purpose of this study was to comparatively analyze the similarities and differences in Malaysian PDRM Autism SOPs with other countries, namely Malaysia, Hong Kong, the United Kingdom, and four countries in the United States, namely, Wisconsin, New Mexico, Illinois, and Virginia. This research focuses on discussing the important elements emphasized in SOPs and some aspects of similarities and differences between them. The research design is based on document analysis. The data were analyzed descriptively and thematically. Research results that autistic people put them at risk of committing violations of the law without realizing or intending to do so. Since they are also categorized as persons with disabilities, they are thus entitled to legal guarantees appropriate to their status. Therefore, their rights to equality and non-discrimination as persons with disabilities attracted worldwide attention holistically, resulting in specific Standard Operating Procedures (SOPs) in several countries, including Malaysia, namely, the Royal Malaysian Police Autism SOP (PDRM). Likewise, there are several important elements outlined in all SOPs, in aspects of their application, legal references, methods of arrest and detention, and intermediary assistance, and there are some similarities and differences between the SOPs analyzed. The implications of this study show the importance of SOPs for autism arrest and prisoners, to meet their specific legal needs.

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