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
 31   32   33   34   35 
Child Custody Rights for Mothers of Different Religions: Maqāṣid al-Sharī'ah Perspective on Islamic Family Law in Indonesia Mera, Nasaruddin; Marzuki, Marzuki; Taufan B., M.; Sapruddin, Sapruddin; Cahyani, Andi Intan
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.v8i3.23809

Abstract

Marriage is a physical and mental bond between a man and a woman. It is hoped that it will give birth to a harmonious and happy family, including having offspring who will then care for them well. In reality, couples from different religions who later divorce and have children become a problem, because custody becomes a struggle between the father and mother. This research discusses the child custody rights of an apostate mother as happened in the Parigi religious court decision case, Central Sulawesi. This study uses empirical legal methods with a maqāṣid al-sharī'ah approach. The data collection techniques used were interviews and document study. The informants interviewed were judges, academics and ulama. The documents analyzed were religious court decisions, journal articles, legal rules and books related to the discussion. The results of the research show that in deciding cases, the panel of judges set aside the written law which was used as a reference, and the compilation of Islamic law in order to fulfill the principle of benefit from fulfilling legal objectives. There are several reasons for the judge to overrule these two laws: the interests of the child, social aspects, the principle of benefit (mashlahat) for all. In the end, the judge's decision within the framework of maqāṣid al-sharī'ahanalysis has implications for the maintenance of the soul, eyesight, and the maintenance of offspring, as well as the maintenance of religion.
Public Perception of Polygamy in Makassar, Indonesia: Cultural Perspective and Islamic Law Ridwan, Muhammad Saleh; Abdullah, Wahidah; Idham, Idham
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.v8i1.15419

Abstract

One of the issues in Islamic law that is often debated is the case of polygamy that occurs in society in Indonesia. The perception of people in Makassar City, South Sulawesi about polygamy is still very taboo. This assumption arises because of their erroneous understanding of polygamy. This article aimed to discuss the underlying factors of polygamous marriages in Makassar.  The research used empirical methods with survey techniques, analyzed with Islamic law theory. The current research was designed as a survey which involved 80 participants, who consisted of 30 polygamous actors and 50 people from monogamous relationships. Instruments used in this study were a close-ended questionnaire and an open interview guideline with polygamists. The results showed that among the Makassarian community members who agreed with the practice of polygamy, there was a group of people who considered polygamy as a disgrace to the family or an act of demeaning women. It was reported that many polygamous actors conducted polygamy without any consent from their first wives. The survey also uncovered several factors that provoked polygamy practices in Makassar. These factors include female infertility, men’s sexual needs, the Prophet’s Sunnah, incurable diseases, and ignorance. Moreover, the majority of polygamous actors in Makassar chose not to register their second marriage at the Civil Registry office due to the state's convoluted bureaucracy and the law that prohibits government employees from being polygamous.
A Synergy of Halal Tourism Regulations and Tourism Rights Protection in Aceh: Pentahelix Model Rahayu, Sri Walny; Abbas, Syahrizal
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.v8i3.23495

Abstract

Aceh has tourism regulations and guarantees of halal food products. This sector can potentially grow the regional economy and develop Aceh. Utilizing the tourism sector should allow the Aceh region to develop regional potential and increase regional income. However, in practice, the regulations do not optimally accommodate strategic issues that can support regional development from tourism sources. Still, the regulations have guaranteed protection for all consumers and tourists visiting Aceh as a halal destination. This study examines tourism regulatory policies and guarantees of halal food products using the pentahelix model. This study uses normative juridical methods and then analyzed descriptively and comprehensively. The data comes from literature studies, namely studies of theoretical documents in the form of articles, legal regulations, books and various studies related to the discussion. The results of the study showed that tourism regulatory policies and guarantees of halal food products in Aceh have not yet synergized with the pentahelix model in determining technical policies regarding tourism management and halal food product guarantee. This may lead to neglected protection of basic consumer rights, low quality and diversity of tourist attractions, and limited availability and quality of accessibility services and tourism facilities to reach potential markets. On the other hand, Aceh is a region that applies Islamic law and has strong religious characteristics, so the role of ulama can be used in making halal food policies to support the development of Islamic tourism.
An Analysis on the Omnibus Law and Its Challenges in Indonesia: The Perspectives of the Constitutional and the Islamic Law Dwiono, Sugeng; Ja’far, A. Kumedi; Haryadi, Slamet
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.v8i2.22720

Abstract

The Omnibus Law, which encompasses the Constitutional Law and the Islamic Law, has been the subject of intense dispute since its inception. The controversy has occurred from the inception to the promulgation of the design process within larger communities. Multiple issues emerged from the outset when the administration introduced the proposal for an Omnibus Law in the Indonesian People's Consultative Assembly of the Republic of Indonesia (DPR RI) to its enactment. This study uses normative legal methodologies, which are examined through the lens of the constitutional law theory and the Islamic law. The study determined that the Omnibus Law is a legislative tool commonly employed by countries that follow a common law legal system. However, it was subsequently embraced by nations that follow a civil law framework, such as Indonesia. The Omnibus Law was enacted to ensure the efficient and effective execution of laws, particularly in the area of copyright regulations, in order to prevent any duplication or overlap. Consequently, public perceives the law as lacking ambition and instead favoring the concerns of the community, particularly in relation to employee compensation, employment agreements, and the practice of subcontracting. Based on the constitutional law, this state policy is deemed conditionally unlawful, despite the ongoing application of these legal standards by the executive and parliamentary parties. Within the framework of Islamic jurisprudence, it can be regarded as a component of siyasah syar'iyah or governmental strategy that aligns with the principles of maqāṣid al-sharī'ah, particularly hifdz al-mal, which involves preserving economic stability and promoting halal certification. However, this article contends that the judgment of the Constitutional Court to deem it unlawful is contingent. It advocates for a modification of the copyright law pertaining to creative works, with the aim of ensuring broader adherence to legal regulations.
Between Ḍarūrah and Halal Integrity: MUI Fatwas on Harm-Derived Vaccines and Medicines Muhammad Amin, Abd. Rauf; Syatar, Abdul; Abubakar, Achmad; Kurniati, Kurniati; Alimuddin, Harwis
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.v8i2.8938

Abstract

This article aims to uncover emergency considerations in the halalness and hygiene of vaccines and medicines made from harm ingredients. This study is qualitative research using the darūrah concept approach by Wahbah al-Zuhailī. A darūrah approach to analyzing the needs of the Indonesian people for vaccinations and needed medicines. The data analyzed comes from literature and such as articles, books and the views of scholars. The results of the study found that in the MUI fatwa products on vaccination products and medicines there are different legal provisions, vaccines are considered halal and pure, which is very appropriate by considering the aspects of emergency in the teachings of Islamic law. Unlike the medicine made from pork gelatin, MUI forbids it because it is not included in istihālah. So that the MUI fatwa product has a significant influence in awakening Muslims in Indonesia to be careful in determining vaccines and medicines used. The implication is that the emergency consideration in terms of protecting the soul (hifẓ al-nafs) is personal for the perpetrators of vaccinations and medicines, their families, the wider community, and citizens of the world. This effort is the highest-level solution in terms of protecting the soul (hifẓ al-nafs) in maqāṣid sharī'ah terms. The hope of the fatwa is to try to provide a complex understanding to the public so that they believe that the raw materials of vaccine and medicine products are important to be considered halal and holy so that the public trusts all elements involved.  In this way, that people also feel legally confident about the drugs they are using because their legal status is clear.
Revitalization Supervision Islamic Banking in Enhancement Compliance in Indonesia and Malaysia Yusmad, Muammar Arafat; Irwansyah, Irwansyah; Marinsah, Syamsul Azizul Bin; Ayyub, Mukhtaram; Muang, Muh. Shadri Kahar
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.v8i1.20524

Abstract

This study is indicated with social reality that, following three decades of dual banking system implementation in Indonesia, Islamic banks' operational activities are essentially identical with the operations of conventional banks. The thing that distinguishes is only the Shariah "brand". In the vast zone of national banking industry, Islamic banks are still being the "followers" of conventional banks with approximately 6.65% market share. The focus of study is on the Islamic bank supervision system by DPS, the Shariah Bank Compliance Directorate, and OJK in carrying out supervisory functions related to fields of duty. The study methodology applied is a normative legal study which includes a study of norms, principles of sharia banking law, and the opinions of sharia economic law experts, while those used are a statutory approach and a sociological approach. The next stage of data analysis is data display, which illustrated through tables, figures, and graphs. Data categorization was carried out relied to the theme to identify the implementation of Islamic bank supervision duties in conforming to Shariah principles and the implementation of laws and regulations. The results showed that there are several problems in Islamic bank supervision institutions that make supervisory performance not optimal and pose potential legal risks for the bank. The roles of DPS, the Directorate of Shariah Bank Compliance, and OJK, which run independently and inefficiently, create overlapping aspects of Islamic bank supervision. This study recommends amending UURI No. 21 of 2008 about Shariah Banking by giving attributive responsibility to DPS to sanction Islamic banks that proved to violate Shariah principal compliance and establishing the OJK regulations on Islamic banking audit instruments.
Building Students’ Character Based on Maqāṣid al-Sharī'ah: Perspectives of Parents, Teachers, and Community Members in Banda Aceh Mahmud, Salami; Sri Rahmi, Sri Rahmi; Nufiar, Nufiar; Nurbayani, Nurbayani; Nurdin, Realita
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.v7i3.17708

Abstract

To build students' character, the Indonesian government has made various efforts, one of which is updating the curriculum to make it in line with the demands of the current times. Given the importance of character building since the school age, the Curriculum 2013 (K-13) was developed and it contains 18 national characters that must be promoted and developed during the learning process. However, until now the curriculum seems to have not been able to shape the character of students as expected. Therefore, this study aims to present alternative approaches in building student character. The approach is to form character at home, some are formed in school, and some are formed in society. This study provides concrete examples of character development contained in K-13 with an Islamic approach. This study is a qualitative study analyzed using Islamic education theory and maqāṣid al-sharī'ah. Data is collected in two ways, namely; in-depth interviews with informants and literature studies related to the discussion. The results show that religious characters such as honesty, discipline, independence, and responsibility are easier to build at home using the Islamic approach. Furthermore, the characters of tolerance, hard work, creativity, democracy, curiosity, nationalism, patriotism, respect for achievement, and fondness for reading are easier to develop at schools with an Islamic approach as well. Finally, it is easier to develop characters such as friendly/communicative, peace-loving, environmental awareness, and social characteristics within society. In addition, the 18 characters are related to the purpose of maqāṣid al-sharī'ah as well as Islamic education.
Semanda Lekok in the Sai Batin Community, Lampung: Wife's Domination of Marital Assets from Maqāṣid al-Sharī’ah Perspective Firdawaty, Linda; Asnawi, Habib Shulton; Mahmudah, Siti
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.v8i3.19894

Abstract

The semanda lekok marriage tradition among the Lampung Sai Batin people results in the wife dominating the husband, particularly in terms of control over marital property. This dominance is a consequence of the semanda marriage, in which wedding expenses and living costs are borne by the wife’s family, and after which the husband lives with the wife’s family. This study aims to analyze the forms of wife’s dominance over the husband in the semanda marriage, the reasons why the Lampung Sai Batin indigenous people maintain the semanda lekok marriage, and the contribution of this tradition to the development of Islamic family law. The study used a qualitative method with an empirical approach. Data came from the primary and secondary data sources. The data were collected by means of interview. The respondents consisted of the husbands in semanda lekok marriages, customary leaders, and religious leaders in Pekon Bakhu, Batu Ketulis Subdistrict, West Lampung. The data analysis involved the theories of Maqāṣid al-Sharī’ah and gender justice. The findings reveal that the forms of wife’s dominance include the husband being severed from his nasab (lineage) and inheritance rights from his parents, the husband not being entitled to joint earnings, and inherited property being granted to the eldest son. However, there has been a shift in values in the practice of semanda inheritance law; when the wife dies and the couple has no children, the husband receives a share of the inheritance. The reason for maintaining this marriage system is to continue the lineage of the wife’s family as her parents do not have a son and the wife is the only child, as well as the wife’s family has the economic ability and is a solution for prospective husbands who cannot afford the marriage. Nevertheless, the tradition of denying joint property distribution is contrary to the Maqāṣid al-Sharī’ah and gender justice. Therefore, it is important to adapt and negotiate in implementing the semanda lekok marriage to maintain the objectives of sharia and the values of gender justice.
Law, Ethics, and Hadith Ahkam: An Analysis of Fatwa MUI in the Perspective of Progressive Interpretation Anam, Wahidul; Sulaeman, Mubaidi
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.v8i2.21594

Abstract

This article discusses the progressive interpretation of the ahkam hadith in MUI Fatwa Number 83 of 2023 which relates to the law of support for the Palestinian struggle, with an emphasis on its relation to the boycott of products that support Israel. The main focus of this research is an in-depth and critical exploration of the relevance of certain hadiths in the context of the Palestinian struggle, as well as their application to the boycott policy as a form of solidarity action. This article adopts the perspective of Abdullah Saeed's progressive interpretation of listening to the hadiths that were used as the basis for the MUI fatwa. The method used in this article is a qualitative method with a hadith ahkam and an ethical-legal approach. The data collection technique is a literature study in the form of a study of hadith, journal articles, books related to law, ethics, and hadith ahkam regarding fatwas. The results of this study provide deep insights into the relevance of ahkam traditions in supporting the Palestinian cause in the context of boycotts. Progressive thinking on these traditions is integrated with arguments to strengthen boycotts in response to human rights violations and economic policies that support Israeli occupation. The article also discusses the potential impact of the boycott, both from an economic point of view and as a political instrument that can exert international pressure. Thus, this article not only attempts to detail the progressive interpretation of hadith ahkam in MUI Fatwa No. 83 of 2023 but also critically relates it to the boycott strategy, contributing to progressive Islamic literature and Islamic law studies in viewing the Israeli-Palestinian conflict.
The Constitutional Court’s Protection and Fulfilment of the Citizens’ Rights: Constitutional and Islamic Law Perspectives A. Gani, Iskandar; Asmara, Romi; Sulaiman, Sulaiman; Husna, Asmaul
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.v8i1.22215

Abstract

This study aims to examine the degree to which the Constitutional Rights of Indonesian Citizens are maintained by the state, specifically focusing on democratic Public Elections (Pemilu) and Public Elections for Regional Heads (Pemilukada). This study centers on the advancement of the political democratic process, particularly concerning law enforcement and the safeguarding of human rights. This analysis focuses on the implementation of these features by the Constitutional Court (Mahkamah Konstitusi), which has the responsibility of handling post-conflict public election issues. This study utilizes empirical legal methodologies, employing a framework that combines the constitutional law and the Islamic law. The data was acquired through in-depth interviews and a meticulous examination of pertinent literature. The participants were experts in the domains of the constitutional law and the Islamic law. This paper argues that the state has successfully protected the legal rights of citizens by incorporating them into laws, so fulfilling their constitutional privileges. Constitutional rights refer to essential human rights, particularly the right to engage in the democratic process through voting or candidacy in public elections. In the Indonesian state administration system, citizens have the privilege to report any election matters to the appropriate authorities and have it lawfully resolved by the Constitutional Court Institution. The Islamic law supports the harmonization of law enforcement and the protection of citizens' rights within the context of human rights. In Aceh, a region that implements special autonomy and the Islamic law, there is no prejudice against the rights of individuals based on their gender or religion. Under the Islamic law, voting or running for office is regarded as a right rather than an obligation. However, participating in the act of voting is highly valued as it provides benefits and serves as a preventive measure against damage.

Page 33 of 45 | Total Record : 446

 31   32   33   34   35 

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