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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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Comparative Analysis of Islamic Family Law and Normative Law: Examining the Causes of Divorce in Purwokerto, Indonesia Nafisah, Durotun; Nasrudin, Nasrudin; Meidina, Ahmad Rezy; Zain, Muhammad Fuad
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.v8i2.16825

Abstract

The elevated divorce rate in Purwokerto has become a focal point for the local government due to its adverse repercussions. This research has identified five primary factors contributing to divorce, encompassing education, economic status, religion, access to healthcare, and environmental factors. This study employs empirical legal methods analyzed in accordance with Islamic family law theory. In-depth interviews were conducted with informants, as well as literature studies and data collection techniques. The results showed two critical findings. First, Islamic family law makes it clear that although divorce is legal, God views it negatively. Divorce is considered a final option when mediation becomes unfeasible. For a divorce to be valid, it must meet various criteria, such as guidelines for property division and child custody. Additionally, the Qur'an and Hadith discuss the five legitimate reasons for divorce. Secondly, the issue of divorce is regulated by normative positive law. However, no legal regulations are specifically available at the local government level to support efforts to reduce divorce rates based on the five leading causes. In particular, the five causes of divorce are also discussed based on relevant normative regulations and support from previous studies. The two sources of family law and Islamic law have different views regarding the legal requirements of divorce and its scope. However, in terms of similarities, both sources of family law and Islamic law support efforts to protect children and empower women victims of divorce. With national legal regulations, the government is responsible for providing effective rules to resolve the causes of high divorce rates legally.
A Pre-Trial Standard Operation Procedure for Children in Conflict with Sharia Criminal Law in Malaysia Yusof, Wafaa' binti
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.v8i1.16097

Abstract

Criminal offences committed by children in Malaysia do not only involve jurisdiction of the Child Act 2001 (Act 611), (Amendment 2016, A1511) but also jurisdiction of the states’ sharia criminal enactments and acts. Children are not exempted from being a perpetrator and contribute to increased rate in statistic of sharia crime throughout states in Malaysia. The social turmoil of humanity such as birth to an illegitimate child, abandoned babies were the impact from sharia criminal conduct of these children. Among factors for statistical increase on sharia crime by child offenders is due to ambiguity in legal provision regarding the position of child offender and pre-trial procedure for related sharia criminal matter. In fact, the flaws in the enforcement and implementation of pre-trial procedural laws against child offender are evident outcome from these legal ambiguities and the absence of a specific guideline in dealing with these perpetrators. Therefore, this paper discusses on justification on the importance to formulate a better and immediate alternative i.e. to establish a standard operating procedure (SOP) specifically for child offender at the pre-trial stage under the sharia criminal jurisdiction for the states in Malaysia. A pure legalistic study methodology of qualitative approach is used to produce this article. Data is gathered through library research and fieldwork study, which includes some semi-structured interviews with religious enforcers from the Department of Federal Territory Islamic Affairs (JAWI) and the Selangor Islamic Religious Department (JAIS) as respondents. The data were then conceptually and descriptively analyzed. This article presents a substantial justification to establish a pre-trial standard operating procedure for children in conflict with the states’ sharia criminal law in Malaysia.
Environmental Conservation of Coral Reefs in the Wakatobi Region Based on Islamic Education and Customary Law Approaches Karim, Nurdin; Hadisi, La; Ramli, Ramli; Lubis, Maesaroh; Anhusadar, Laode
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.v8i3.24067

Abstract

Currently, coral reef conservation in the Wakatobi area is facing various environmental problems that threaten the coral reef ecosystem. These environmental problems are closely related to various community activities, both local, domestic and international. Based on this problem, this research aims to educate the public about how to preserve the coral reefs of Wakatobi, Southeast Sulawesi. This research uses the Participatory Action Research (PTR) method using an Islamic education and customary law approach. The results of this research provide an illustration that preserving the Wakatobi coral reef environment requires a comprehensive approach and from various perspectives. Islamic education instills moral and ethical awareness in protecting the Wakatobi coral reef environment. Customary law provides a stronger protection mechanism for coral reefs. The synergy between the two strengthens conservation efforts by building awareness and behavior based on religious and cultural values. Thus, through Islamic education that conveys formal and informal religious messages supported by traditional values carried out by ulama or preachers, community character can support environmental sustainability. So, coral reefs as part of the marine ecosystem are very important so that the survival of fish and various other habitats can be well maintained.
Child Exploitation by Parents in Early Marriage: Case Study in Cianjur West Java, Indonesia Sopyan, Yayan; Muttaqin, Zezen Zainal; Solihat, Cucu; Aripin, Jaenal
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.v7i3.14804

Abstract

Parents should protect their children. Child exploitation by parents is a cruel act. One form of parental deprivation of children’s rights is to marry them at an early age. In Indonesia, the rate of early marriage is still above 10% of all marriages. There is a trend of early marriage with Arab men in tourist destinations such as Puncak-Cianjur, West Java, after the increasing number of tourist visits from the Middle East. This research used a qualitative research method with a phenomenological approach to explore informant' experiences, interpret their experiences, and give meaning to their experiences. Data were collected through observation and in-depth interviews using the Snow Bowling Effect method. The results of the research were analyzed using the framework method. This research found that parents determine the occurrence of early marriage. The drivers of early marriage are economic interests and religious dogma. Parents were influenced by biyong (marriage broker) in making decisions. Biyong took advantage of half of the dowry. Meanwhile, children’s consent to marry was influenced by religious doctrines that caused them to be altruistic and follow their parents' wishes. This research recommends the government be stricter in supervising foreign tourists and socializing the dangers of early marriage and mutáh marriage with foreigners.
The Charity Values within Islamic Law of Inheritance in Malang: Maqāṣid al-Sharī’ah and Social Construction Perspectives Mahmudi, Zaenul; Zenrif, M. Fauzan; Haris, Abdul; Mustafa, Ahsin Dinal; Yasin, Noer
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.v8i3.19986

Abstract

Islamic principles regarding zakat in general are closely related to the issue of wealth which must be distributed to the needy and poor as well as groups that have been determined by Islamic law. This article aims to discuss the principles of charity in the distribution of inheritance by analyzing the views of ulama and intellectuals in Malang City, East Java. This study is socio-legal research using the theory of maqāṣid al-sharī'ah and social construction. Data was obtained from document study sources in the form of opinions of tafsir and fiqh scholars, journal articles and books related to the discussion. The informants interviewed were NU member, Muhammadiyah, MUI, and academics. The results of this study revealed that: first, based on the principles of justice and benefit, as the general elements of maqāṣid, in the inheritance verses, there is a command to set aside inherited property for the needy from the group of distant relatives, orphans, and the poor (al-Nisa: 8) and to help the heirs who are less able (al-Nisa: 9) as maqāṣid al-kulli. Second, based on social construction, at the externalization stage, the ulema and Muslim community in the city of Malang practice the Islamic charity by setting aside inherited property for the poor, the needy, and orphans in various forms such as slametanfor the deceased, endowments for orphanages, and donations to educational institutions, as well as giving some of the inherited property to their less fortunate relatives. Muslim community simultaneously objectifies the Islamic charity so that the Islamic charity becomes an objective reality in the city of Malang, although the Muhammadiyah community does not observe slametan. The internalization of the construction of Islamic charity as a final stage is understood by internalizing the verses of Islamic charity as the beliefs and teachings that must be implemented in society. 
Baḥtsul Masāil at a Traditional Islamic Educational Institution in Aceh: Teungku Dayah's Contribution to the Development of Islamic Law Zulkhairi, Teuku; Hajar, Ibnu; Safriadi, Safriadi; Marzuki, Marzuki; Saifullah, Saifullah
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.v8i1.17408

Abstract

The global world has implications for the emergence of various contemporary problems and demands legal certainty for every Islamic legal issue. This research aims to examine Baḥtsul Masāil in Dayah as a traditional Islamic educational institution in Aceh, especially its contribution in responding to developments in contemporary Islamic law. This research uses a qualitative-normative method with a sociological approach to Islamic law. Data was obtained through interviews, observation and document study. The informants interviewed were Tengku Dayah in Aceh, observing the activities of Baḥtsul Masāil and the documents studied were journal articles, textbooks and books. The research results show that teungku dayah is able to answer contemporary Islamic law problems through Baḥtsul Masāil. This activity took the form of a focus group discussion involving professional staff from Islamic boarding schools and discussed various current issues from a legal perspective. In Baḥtsul Masāil uses the method of ilhaq and contextualization of the turats text. Ilhaq is achieved by equating law with problems that have not been answered by Islamic texts with problems that have been answered by Islamic texts, while contextualization of Islamic texts is achieved by interpreting Islamic texts in a contemporary context. The results of Baḥtsul Masāil are then disseminated to the community through community learning processes, recitations, or religious lectures. Thus, in terms of the sociology of Islamic law, Teungku Dayah and Dayah educational institutions as actors are able to contribute to contemporary Islamic problems and the problem of the vacuum of Islamic law in society can be overcome.
The Practice of Triple Talaq and Women's Protection in Aceh: A Maslahat Perspective Hanapi, Agustin; Aini, Sarina; Husnul, Muhammad; Usman, Iskandar; Natasya Solin, Siti Dian
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.v8i2.15865

Abstract

Talaq resulting in divorce is one of the issues discussed in Islamic family law not only in Aceh, but in Indonesia and the Muslim world. This study aims to discuss triple talaq at once that occurred in Aceh in relation to women's protection. This study uses empirical legal methods, analyzed with the theory of maslahat. Data is collected by; In-depth interviews and document review. This study concluded that triple talaq occurs due to three factors; The existence of wild qadhi, the presence of muhallil, lack of understanding. These three factors cause married couples to believe that triple talaq pronounced by the husband is legally valid, even though it occurs outside the court. Talaq must also be performed before the Court whose function is as a witness for the protection of the rights of the former husband and wife. In this context, to provide awareness and socialization about the legal rules regarding marriage, synergistic cooperation between institutions and across sectors is needed. These institutions are, syar'iyah courts or religious courts, religious ministries, clerical organizations, educational institutions and religious leaders at the village level. So that an understanding of the rules of law that apply in religious courts can be conveyed to the community as a whole. Thus, the issue of triple talaq does not make the wife a victim, because the husband can easily give talaq, resulting in a divorce. In the context of benefits, these legal regulations are carried out with the aim of protecting women's rights and making them dignified and treated fairly.
Confiscation of Corruption Asset in The Indonesian Legal System: A Study of Criminal Law in Aceh Syarafi, Teuku; Syahbandir, Mahdi
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.v8i2.20045

Abstract

Confiscation of individual assets for criminal acts of corruption is important in handling corruption cases, because it is a means of recovering state losses. The confiscation of wealth aims to minimize state losses, not only must it be carried out from the start of handling the case by freezing and confiscation, but it also absolutely must be carried out in cooperation with other countries, where the proceeds of crime are located. This article examines legal policies related to asset confiscation and their alignment with criminal objectives. This research aims to analyze the rules and principles that exist in legal science. This research uses normative juridical research methods, specifically studying legal systematics to understand the fundamental aspects of criminal law. The data collection technique used was document study in the form of laws and other legal regulations, then interviews with judges in Banda Aceh. The findings reveal that the policy of confiscating assets from individuals engaged in corrupt practices can be pursued through criminal procedures, such as asset tracing, freezing, confiscation, and return. Furthermore, civil proceedings carried out by state attorneys can also facilitate the asset confiscation process. The confiscation of assets is fundamentally aligned with the purpose of punishment. It is essential to trace the assets obtained through corruption starting from the investigation stage, in order to impose restitution as an additional penalty on the perpetrators. However, obstacles arise in the actual implementation of asset confiscation. For instance, assets may have been transferred abroad by the perpetrators after being incarcerated by the court. Therefore, new legislation is required to deal with this problem.
Living Qur’an, Niqab, and Islamic Law: A Study at Mambaush Sholihin Islamic Boarding School, Gresik, East Java Toriquddin, Moh; Faizin, Nur; Hamidah, Tutik; Hamdan, Ali; Muhammad, 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.v8i2.19563

Abstract

Two impressions emerging from wearing a niqab (face veil), i.e., piety and radicalism, are deeply embedded in public perception. The obligation to wear the niqab for female students at an Islamic boarding school known to be moderate and cultural, such as the Mambaush Sholihin Islamic Boarding School, is an interesting issue to study. In this current study, the empirical legal method was used, based on the theory of the living Qur’an and Islamic law. Data collection techniques included in-depth interview, literature review, and focus group discussion. The findings reveal that in the opinions of the Islamic boarding school caretakers, the use of the niqab at Mambaush Shalihin does not lead to an exclusive attitude, but rather to code of conduct, that limits the interaction between men and women. However, some students respond to this conduct differently and they view it as a form of coercion, giving rise to an attitude of resistance expressed when they are outside the school, whereas others still prioritize an attitude of obedience and submission to the kyai. On the other hand, some people in the public perceive this as a form of change in the Islamic boarding school towards radicalism while others believe that the school remain on the principles of the moderate teachings of Ahl Sunnah wal Jamaah. In practice, wearing the niqab at Mambaush Shalihin is a form of the Living Qur’an in relation to the command to cover the awrah(private parts) for women. Meanwhile, according to Islamic law, the law on wearing the veil is different among the scholars of the four schools of thought. This article argues that the use of the veil in Islamic boarding schools is not affiliated with a particular madhhab but rather aims to discipline female students who study in the same room as male students. This is indicated by the non-obligation to wear any face veil for female students who have not yet studied in college, i.e., junior and senior high school levels.
Religious Moderation and Family Resilience in the City of Malang, Indonesia: The Historical Perspectives of the Islamic Law Fadil, Fadil; Marwinata, Pepy; Jannah, Shofiatul; Siroj, A. Malthuf
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.v8i1.19821

Abstract

Religious moderation is a moderate attitude or perspective in religion that is fair and balanced. A moderate mindset and behavior in the family is very significant for married couples to avoid things that can damage the honor and dignity of the family. The research method used is an empirical legal study with an approach to the history of Islamic law. Data was collected through in-depth interviews with a number of informants namely, academics, housewives, teachers and self-employed people. While document studies are carried out by analyzing journal articles, books and various references related to the discussion. The research found that a moderate religious perspective and attitude are critical for family life. Family resilience strategies include belief systems, organizational processes, communication processes, and problem solvers. Among the materials that are very important for strengthening religious moderation in the family are tolerance, leadership in the family, division of roles in the family, equal relations between a husband and a wife, respect for the existence and quality communication of all family members, and cultivating negotiation in decision-making, And no less important is a moderate religious understanding. In terms of the Islamic law history, several families, such as the Prophet Ibrahim’s family, the Imran family (Alu Imran), and the Prophet Muhammad PBUH, can be used as examples of cultivating the true values of monotheism, humanity, social solidarity, and even purity and self-respect. Meanwhile, in Indonesia, the family of Hadaratus Sheikh KH. Hasyim Asyari, the founder of Nahdlatul Ulama can be used as an example who gives birth to children and grandchildren and even families who have a sense of nationalism, religion, humanism, pluralism and social solidarity.                                   

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