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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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Social Media Usage Deviation and Impact on Muslim Family Dynamics in Makassar City, South Sulawesi Hanafi, Darmawati; Sabara, Sabara; Patimah, Patimah
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.v8i3.24113

Abstract

In the digital era, household resilience faces challenges from the influence of social media which triggers problems such as divorce in the family. Therefore, this research aims to reveal facts about the impact of social media on divorce among Muslim families in Makassar City, and provide preventive solutions to counteract this negative influence. This article uses empirical research methods using a legal sociological approach. Data was collected through in-depth interviews and literature study. The informants interviewed were religious court judges and divorced couples. The research location is the Makassar City Religious Court. Meanwhile, the literature referred to is relevant articles, books and references. The results of this research show that social media is the main factor causing divorce in married couples. Likewise, the factors that cause divorce are incompatibility, the presence of a third party (infidelity), domestic violence, economic problems. Therefore, the solution that can be taken to deal with the negative impact of social media which causes divorce is intensive and extensive guidance through the sakinah family counseling program, strengthening ethics based on religious teachings, and mediation interventions providing opportunities to mitigate these negative influences. In the context of legal sociology, the government through the ministry of religion, judges, ulama as social actors and all elements of society must work together to reduce the divorce rate as a deviation due to social media, so that harmony in the household and family resilience can be realized.
Deemed Consent in Islamic Banking from Contract Law Perspective: A Sharia Analysis Nik Abdul Ghani, Nik Abdul Rahim; A Shukor, Abdul Rahman
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.v8i1.16305

Abstract

This paper is specifically focusing on the issue of deemed consent as applied in modern Islamic financial contracts. It has been recognized by some scholars and rejected by others. The purpose of this study is to examine the meaning of deemed consent in contract law and its recognition from the Sharia point of view. It begins with examining the meaning of sighah and deemed consent from civil law as well as Islamic law perspective and followed by the analysis of the effect of silence in the validity of acceptance in Islamic law of contract. The approach that is applied in this study is qualitative research in nature, with regards to documentation and secondary sources by reviewing and analyzing the fiqhi perspective of consent and silence in Islamic law; by taking into consideration current practice of financial industry. The findings of the study are that deemed consent in the law can be considered as an acceptance. It is understood by the buyer indicating his consent to the sale by his conduct or silence. Generally, absolute silence in banking transactions is not an acceptance, but that there must be evidences or clues indicating the consent of customers. As such the non-absolute silence can be considered as acceptance in the Islamic law by taking into consideration some Sharia parameters proposed in this study. Interestingly, this idea is also shared by the Common law. Accordingly, based on the analysis conducted in this study, tacit acceptance, or implied acceptance is one of the means of expressing contemporary consent that can be applied. This study develops Sharia parameters consisting of five items as important guidelines in applying deemed consent in the Islamic banking.
School and Family Partnerships: Contribution of Transformational Teachers in Implementing the Autonomous Learning Curriculum Educational Institutions in Bone, Indonesia Syarifuddin, Samsinar; Tahir, Andi; Fatimah, Fatimah; Abidin, Kurniati; Syarifuddin, Fitriyawany
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.v8i3.22584

Abstract

This study seeks to investigate the collaboration between schools and families, with a specific focus on the role of transformational teachers in promoting autonomous learning at educational institutions in Bone, South Sulawesi. The interaction between schools and families is undeniably crucial in the development of the three education centers in Indonesia. The study is conducted using a mixed-methods approach, which are examined through the lens of Islamic education philosophy employing a concurrent triangulation strategy model or design. The data were collected through interview, observation, document analysis, and questionnaires. The findings of this study suggest that elementary school teachers in Tanete Riattang Barat District, Bone Regency, have effectively fulfilled their duty as facilitators of learning, and the implementation of the autonomous learning curriculum has been successful. The transformational teacher variable and the implementation variable of the Autonomous Learning Curriculum have a correlation coefficient of 0.75, indicating a strong positive link. The transformational teachers (X) contribute 56.3% to the implementation of the independent learning curriculum (Y) and have a strong impact on the relationship between transformationanl teachers and the implementation of the independent learning curriculum. The collaboration between families and schools, particularly between parents and teachers, has been established through effective communication, since it enhances the educational experience, both within the school environment and at home. In the realm of Islamic Education, both the home and school play a crucial role in shaping the character of children, enabling them to develop into exceptional, self-reliant, patriotic, innovative, and discerning individuals.
Islamic Law Reform in Indonesia from the Perspective of Maqāṣid Al-Sharī'ah: Kerinci’s Intellectual Views Azhar, Azhar
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.v8i2.15051

Abstract

Benefits cannot be achieved without going through reform, namely efforts to apply the law to the reality of society. So, reform is a necessity, although these steps do not mean replacing the teachings and laws that are absolute, fundamental, and universal and have been stated in authentic provisions. Reformation has quite wide room for movement in renewing ways of understanding, interpreting, reformulating, and conducting studies of Islamic law that are outside the area of Qath'iyyah, namely the provisions of Zhanniyyah, which are included in the scope of the area of reform. This research is included in the empirical legal method, which is explained by an analysis of the theory of maqāṣid al-sharī'ah according to intellectuals in Kerinci. This method provides an explanation of Islamic law that can be applied in the current era through renewal with maqāṣid al-sharī'ah analysis. Data was collected through in-depth interviews and a literature study. This study concludes that the renewal of Islamic law from the perspective of maqāṣid al-sharī'ah has three ways: first, prioritizing the worship aspect; second,  the muamalah aspect; and third, a combination of both. The third method is a combination of ways of knowing maqāṣid al-sharī'ah through a pronunciation approach and a meaning approach. Utility, as the content of Islamic law, which is systematized through maqāṣid al-sharī'ah analysis, is of course not only seen in technical articles but must also be seen as something that contains philosophical values so that it becomes a universal and dynamic identity. According to Islamic intellectuals in Kerinci, the compilation of Islamic law has urgency and relevance to maqāṣid al-sharī'ah and is still very much needed as a step to reform Islamic law in Indonesia.
Qira’at Diversity in Islamic Family Law Verses: Implications for Indonesian Marriage Law Mustopa, Mustopa
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.v8i2.23513

Abstract

This study addresses the principal issue of Qira'at diversity in the Qur’anic verses pertaining to family law and its impact on legal interpretation, alongside its relevance to Law Number 1 of 1974 concerning Marriage in Indonesia. The research aims to conduct a thorough analysis of Qira'at variations within family law verses, explore their influence on legal interpretations, and identify key themes that demonstrate this diversity. This study uses a normative juridical method with a descriptive-analytical approach, while the data analyzed is literature related to various Qira'at in the verses of the Qur’an regarding Islamic family law. The research results show that there are eight main themes in the Al-Qur'an related to Islamic family law which show significant variations in Qira'at. Namely: dowry and temporary marriage (mut'ah),muhallil, family interaction, waiting period (iddah), khulu' (divorce initiated by the wife), divorce (talaq), ethics after divorce, and  reconciliation (ruju'). Based on the research conducted, it can be concluded that the diversity of Qira’atverses from the Qur’an relating to family law has a significant influence on its interpretation and application, especially in the context of the Marriage Law in Indonesia. The practical implication of this research is to provide readers with in-depth insight into how the diversity of Qira'at influences the interpretation of family law in the Indonesian context, as well as its relevance to the practice of marriage law that applies in the Religious Courts. This research is expected to provide significant theoretical and practical contributions in the field of Islamic family law studies and Al-Qur'an studies in general.
From Fiqh al-Ibadat to Muamalat: Repositioning Zakat Management in Indonesia in the Perspective of Maqāṣid Al-Sharī’ah Fakhruddin, Fakhruddin; Hasan, Sudirman; Firdaus, Dwi Hidayatul; Hidayat, Hakmi
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.v8i1.19637

Abstract

Zakat is one of the pillars of Islam and is considered an instrument that can potentially contribute to the economic development of the Muslim community in Indonesia. However, the current system and management of zakat have not been able to minimize the gap between the potential zakat that exists and the actual zakat that can be collected. This paper aims to examine zakat in its position as fiqh al-ibadat (Islamic jurisprudence of worship) and the consequences of its limited application, if not non-existent. Therefore, the purpose of this paper is to complement existing literature by proposing a new solution to the problem of zakat. This empirical legal study employed the maqāṣid al-sharī’ah (objectives of Islamic law) approach. Data were collected by means of interview and literature review from relevant journal articles, books, and websites. The results of the study revealed that there is a need to reposition zakat from fiqh al-ibadat to fiqh muamalat. This will allow for more flexible zakat management that will have a maximum impact on the welfare of the Muslim community. Therefore, it can be argued that from the perspective of maqāṣid al-sharī’ah, zakat is not only an act of worship related to the purification of wealth, but more than that, zakat can also be an instrument to promote the welfare and economic development of society if it is managed effectively and properly. The change in meaning and paradigm is significant to ensure that the maqāṣid al-sharī’ah can be achieved effectively.
Sharia and Monarchs in Southeast Asia: Political Legitimation in Brunei Darussalam Zada, Khamami; Arsadani, Qosim; Saepullah, Saepullah; Sugito, Mohamad Shofin
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.v7i3.17736

Abstract

In this modern era, sharia is still relevant in the monarchy system. Brunei Darussalam is a country that places sharia in a political monarchy that is prone to orthodoxy. This study analyzes the policy of implementing sharia in Brunei Darussalam in a monarchical political configuration. This study uses qualitative research that analyzes the phenomenon of the application of sharia in Brunei with a sociological and political approach. The research data comes from a number of documents in the form of the Brunei Constitution, Sharia Penal Code Order 2013 (SPCO), other royal regulations, and online media. Data collection was carried out using documentation techniques which were analyzed by applying the theory of political determination of law developed by Nonet and Selznick and the theory of legitimacy developed by Weber. This study found that the policy of implementing sharia in Brunei through SPCO, under a monarchical political system produced responsive legal products. This policy is based on the people's aspirations as a manifestation of the culture and religious practices of the people of Brunei. The implication is that international attacks on the implementation of sharia in Brunei have met with resistance from the people. The application of sharia nationally further strengthens the political legitimacy of the Sultan of Brunei in maintaining and preserving his power. The people were increasingly loyal to the Sultan, so there was social order without popular opposition.
The Implications of Regulating Zakat to Reduce Income Tax and Make it A Source of Local Revenue in Aceh Fuadi, Fuadi; Sahara, Siti; Suriyani, Meta
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.v8i3.24159

Abstract

This study aims to analyze the implications of regulating zakat as a source of local own-source revenue and as a factor in reducing income tax payable in Law Number 11 of 2006 concerning the Aceh Government. These two norms complement each other and are implemented simultaneously; thus, state revenue from taxes does not decrease. It means that zakat as a deduction from income tax is covered by zakat as a source of local own-source revenue. However, the regulation for zakat as a deduction from income tax cannot be enforced due to regulatory synchronization reasons. This study is normative legal research using a statutory and regulatory approach. The data described is normative data such as laws, qanuns and other legal regulations.  This study concludes that the regulation of zakat as regional original income incorporates zakat into the state financial governance system managed by Baitul Mal. There are several consequences arising from the issue. Zakat deposited into the Regional Treasury is recorded by the Regional General Treasurer in a separate account whose designation is Sharia-related. Crimes related to Zakat cannot be classified as ordinary embezzlement crimes but as acts of corruption. These discrepancies in norms lead to legal ambiguity, which, in turn, infringes upon the hierarchy of laws and regulations, disrupting the legal order. To address this issue, a vertical harmonization process is necessary, involving the revision of the Aceh Qanun about Baitul Mal.
The Role of the Supervisory Board in the Development of Sharia Cooperatives in Aceh After the Enactment of the Sharia Financial Institutions Law Jihad, Azka Amalia; Azmy, Khairul; A Wahab, Nazaruddin; Fauzan, Faisal; Sayuti, Azman
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.v8i2.19610

Abstract

Aceh is a region that applies Islamic law to all lines of government, including worship and mu'amalah. The Qanun on Sharia Financial Institutions (LKS) has been in effect since January 2019 and includes Sharia Financial Institutions. As of January 2022, there are still many cooperatives in Aceh that have not converted to sharia principles. Considering this situation, this study aims to examine the existence of the Sharia Supervisory Board (DPS) by analyzing its role and influence on sharia cooperatives in Aceh. This study employed a qualitative method, utilizing Islamic economics theory. Data were collected by means of interviews, questionnaires, and document studies. Interviews and questionnaires were carried out with respondents from the Aceh Sharia Council, the Aceh Cooperatives and SMEs Office, and the Cooperative Supervisory Board. Qanun, journal articles, and other documents relevant to the discussion were analyzed. The findings indicate that cooperatives in Aceh consist of Savings and Loans Cooperatives, Savings and Loans Units, Sharia Savings and Loans and Financing Cooperatives, and Sharia Savings and Loans and Financing Units. The number of DPS in Aceh as of 2023 is 214. The DPS has played a role in accelerating the conversion of sharia cooperatives by making several efforts while also facing various challenges and obstacles. From an Islamic economics perspective, the existence of the DPS also has an influence on increasing the conversion of sharia cooperatives in Aceh. However, the number of sharia cooperatives is still very low, only 6% of the total number of cooperatives operating in Aceh. Nevertheless, DPS still has an economic impact on the development of the sharia economy, which is an implementation of the Qanun LKS.
The Impact of Theological Interpretations on Divorces within Muslim Families in Makassar City, Indonesia Abdullah, Abdullah; Nurhayati, Nurhayati; Natsif, Fadli Andi; Siddik, Hasbi; Fathurrahman, Fathurrahman
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.v8i1.20621

Abstract

In Makassar City, located in South Sulawesi, one of the contributing factors to divorce is the level of theological comprehension or grasp of the teachings of the Islamic faith. Comprehension of the theology can shape perspectives on the duties of the husband and the wife within the marriage institution. This study employs a qualitative-empirical methodology using a theology of law framework. Theology of law is a methodological approach in Islamic studies that focuses on integrating and interconnecting many aspects. The data was gathered through comprehensive interviews and analysis of documents. The informants interviewed were husband and wife who had divorced. The research findings indicate a robust correlation between theology and the Islamic law. An individual with a moderate and contextual theological comprehension will likewise possess a flexible and moderate comprehension of the Islamic legislation. Conversely, an individual with a limited and inflexible comprehension of theology will interpret the Islamic law based on the Qur’an and likely have extremist perspectives. Moreover, the incidence of divorce is a manifestation of Allah SWT's decree or fate. In Jabariyah theology, the acceptance of fate leads to a lack of initiative in pursuing settlement through the established religious courts. These theological reasons are not independent, but rather influenced by economic circumstances and inherited issues that contribute to conflict and discord, ultimately resulting in divorce. From a legal theology standpoint, it is important to highlight that an interpretation of theology that passively submits to and embraces destiny, without making any attempts at reconciliation, leads to divorce, resulting in a failure to effectively apply the Islamic law. According to the Islamic law, a divorce is preceded by a mediation process in a religious court, during which the husband and the wife are given the opportunity to carefully consider all the adverse consequences.

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