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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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The Integration of the Islamic and Customary Law in Tolaki Society, Southeast Sulawesi: Islamic History and Education Perspectives Pairin, Pairin; Syahrul, Syahrul; Badarwan, Badarwan; Samrin, Samrin
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.v8i3.24055

Abstract

This article seeks to elucidate the assimilation of the Islamic and customary law within the Tolaki community in Konawe, Southeast Sulawesi. The Islamization of Tolaki society follows a dialogic-integrative model, similar to other Eastern Indonesian societies like Gowa-Tallo, Bone, Ternate, and Buton. This is a qualitative research and applies the philosophy of history and Islamic education for data analysis. The methods of data collection include interviews, documentations, and observations. According to this study, the majority of Tolaki people prefer Islam as their religion. The integration of the Islamic law and custom in Tolaki society is highly robust, evident through the kalo sara procedure serving as a symbol of the amalgamation of Islam and culture. The Tolaki community practices the Islamic law, which is seen in the customary fines imposed on individuals who commit customary infractions. The model of Islamization of the Tolaki community can be described as dialogical-integral. This means that the process of Islamization starts with the Sultanate and then extends to the wider community. From an Islamic educational standpoint, the process of Islamization starts with the Sultanate and progresses to the establishment of various Islamic educational institutions, including Religious Teacher Education. Subsequently, several Islamic boarding schools emerge, transforming societal perceptions towards Islamic educational institutions. Presently, there is a growing trend of the Tolaki people migrating to the mainland as a result of the favorable climate in Islamic institutions. Furthermore, the graduates of these schools are making tangible contributions to society. 
Obstacles in Carrying Out the Responsibility of Breastfeeding Mothers in Langsa City, Aceh: A Juridical Sociological Perspective Jauhari, Iman; Dahlan, Dahlan; Abidin, Zainal; Isnaini, Isnaini; Fitriani, 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.v8i1.14240

Abstract

The child's right to breast milk is human right that should be guaranteed, protected and fulfilled; However, this right has not been fully implemented yet. A study in Langsa City Indonesia in 2022 shows that the percentage of babies who get exclusive breast milk up to six months is only 60.29% out of the total 3,447 babies. Therefore, the main question in the article is the obstacles that arise in breastfeeding children in Langsa City. The method applied in this study is the juridical sociological method. Data collection was conducted through in-depth interviews and document studies. The informants interviewed were health workers, family planning officials, and religious leaders, while the documents analyzed were related articles, scientific reports, and books. Collected data were analyzed by using qualitative analysis. The result shows that the obstacles that arise in the implementation of breastfeeding, among others, are a lack of mother’s confidence to feed breastfeeding, lack of understanding about the benefits of breast milk, lack of understanding about cultural characters that have been passed down from generation to generation in the community. Therefore, it is suggested that some efforts need to be done, among others to provide health services, consultation, training, advocacy, and socialization about the importance of breast milk to mothers and the community as well. This includes involving religious leaders or scholars in socializing the importance of breastfeeding children.
Marriage Traditions and Family Resilience in Bugis Bone Society: A Study of Islamic Law and Islamic Education Said, Wardana; Hukmiah, Hukmiah; Nur, Suriani; Wahyuni, Sri; Akbar, Rahmatul
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.v8i3.23227

Abstract

Indonesia, with the highest Muslim population globally, has experienced significant changes in its legal landscape throughout history. These changes have resulted in the coexistence of various legal systems, including the Islamic law, the customary law, and the state law. The three variations of societal practices, including marriage, persist to be the topic of academic discussion. Marriage has both legal and customary aspects, as well as philosophical and educational components. This study is an empirical sociological investigation that specifically examines the marriage tradition within the Bugis society, employing the theoretical framework of the Islamic law and Islamic education. The data collection approaches employed include interviews, observations, and document analysis. This study finds that the marriage process, both before and after implementation, is conducted with wisdom and is imbued with profound values within the family and the community involved in the marriage. The relationship between marriage traditions and family resilience is rooted in the ideals and meanings of Islamic legal philosophy. The marriage rituals, from preparation to implementation and beyond, serve to build and bind bonds between families. The marriage tradition within the Bugis Bone group encompasses educational principles, including aqidah education, moral education, and social education. The educational ideals serve as the bedrock for enhancing the resilience of families in the Bugis Bone community. 
Remarriage in The 'Iddah Perspective of Maqāṣid Al-Usrah: Study in Wedoro Waru, Sidoarjo, Indonesia Sholihuddin, Muh.; Jazil, Saiful; Ni'am, Syamsun
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.v8i2.15061

Abstract

Marriage is a multidimensional event, not only containing legal dimensions, but also a religious, cultural, social and even political event. Marriage is legal because it is regulated by law, as is worship because someone will receive a reward, then it contains cultural aspects because the marriage process is carried out according to custom. This study aims to reveal the role of kyai in the tradition of remarriage during the 'iddah period in Wedoro Waru, Sidoarjo Regency, East Java. The tradition of remarriage during the 'iddah period is a tradition that has been passed down from generation to generation. That article uses an empirical legal method explained by the theory of maqāṣid al- syarī'ah, data collection techniques namely interviews and documentation studies. This study found that remarriage during the 'iddah period carried out by kyai includes al-maṣlaḥah al-taḥsīniyyah, namely doing something good according to tradition and avoiding bad behavior that is reprehensible according to correct reason, so that life becomes safe, peaceful and looks beautiful in the eyes of people. other. Remarriage during the 'iddah period is a form of al-tajammul (beautiful) and al-iḥtiyāt (prudence). From the perspective of maqāṣid al-usrah, remarriage is a form of maintaining family welfare and realizing maqāṣid al-sharī'ah. This remarriage process is carried out by a kyai for both partners, because the kyai is considered to know the most about religious knowledge. Likewise, it can be emphasized that the marriage integration of the couple carried out by the Kiyai is a form of obedience to Islamic law as a form of prudence and creates maqāṣid al-sharī'ah.
Community-based Economic Development and Partnership Cooperation: The Economics Strategy for Prosperity of the Ummah Ali, AM Hasan
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.v8i2.22925

Abstract

The term welfare of the people is still an interesting study to imagine. Prosperity in Indonesia is still not evenly distributed, it can only be enjoyed by some of the Indonesian population. Muslims constitute the majority of Indonesia's population, including those who have not experienced prosperity. Identification of economic problems as the cause of not achieving the welfare goals of Muslims, among others, caused by poverty, unequal income and poverty. Responding to these problems, there is a need for an economic strategy to realize people's welfare. This study uses a normative legal method using a community empowerment theory approach. Research data is based on literature studies which refer to journal articles, books and scientific sources related to the focus of discussion. This research concludes that in the context of zakat management, there are several strategies that need to be carried out in the context of community empowerment, including optimizing the management of sharia social funds sourced from alms (zakat), donations (infaq), alms (sadakah), and waqf (ziswaf) as well as welfare empowerment. Community economy through mosque management. This study also argues that for economic strategy options to achieve the prosperity of Islamic communities, first, expand the scope of partnerships between capital owners and managers, including providing profit sharing cooperation options for acquiring affected land; Second, community-based economic development, such as in the NU and Muhammadiyah communities, is supported by the development of application systems to build markets within the NU and Muhammadiyah communities. Third, expanding literacy and access to entrepreneurship among Indonesian Muslims, including by providing mandatory entrepreneurship courses as national mandatory subjects.
The Dynamics of Family Law in Indonesia: Bibliometric Analysis of Past and Future Trends Maimun, Maimun; Anggriani, Jum; Harlina, Indah; Suhendar, Suhendar
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.v8i1.21890

Abstract

Family law is a branch of law that regulates relationships and interactions between family members. Because underlying family law are a number of factors that reflect the complexity and diversity of societies as well as different cultural values throughout the world. This research aims to carry out an indepth analysis of certain aspects of family law, such as regulations on marriage, divorce, child custody or family inheritance. This analysis can include a study of legal developments, comparisons with other legal systems, and evaluation of the effectiveness of implementing regulations, then understanding how social changes and changes in values in society affect family law. The method used is bibliometric analysis with a systematic literature review approach, there are 72 documents originating from Scopus metadata. Family law publications have increased from year to year over a period of 20 years, in 2011 there were 39 publications regarding family law, then they fell again in line with little attention to aspects of family law, from 2015 to the peak in 2020 there were 77 publications which has been published. Factors that cause this are due to social change, technological progress, and the evolution of societal values, social change. Increased awareness of individual rights, especially the rights of women and children, has encourage interest in change and reform of family law and Globalization brings new ideas and cultural influences that can influence the way family law is viewed. Research findings may have limitations in terms of applicability or relevance if laws or policies change. Family law is subject to continuous change and adaptation, particularly in response to changes in society and values. Research may not always be able to capture or respond quickly to changes.
Prevention of Higher Education Radicalism in Aceh: Perspectives of Constitutional Law and Islamic Law Idami, Zahratul; Hirdayadi, Israr; Mukhlis, Mukhlis; Isa, Qudwatin Nisak M; Masturah, Siti Ghaisani
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.v7i3.18494

Abstract

 Higher education actually plays a role in strengthening national insight and nationalism in an academic framework as evidenced by efforts to prevent radicalism. This study examines the efforts of universities in preventing several universities in Aceh, namely Syiah Kuala University, Ar-Raniry State Islamic University, Malikussaleh University, Teuku Umar University and Muhammadiyah Aceh University. This research uses empirical legal methods with an approach to constitutional law and Islamic law. The data collection techniques used were in-depth interviews and literature studies. The results of this study show that radicalism is not found in higher education institutions in Aceh. Internal and external factors can influence the difficulty of finding radicalism. Internal factors include a diverse understanding of university elements about radicalism and a lack of religious understanding among students and leaders. The external factor is that there is no regulation that provides indicators of radicalism and students joining various organizations, and it is difficult to distinguish which ones are radical. However, universities have made efforts to prevent radicalism, namely; prevent lecturers and students from having extreme ideologies, strengthen the concept of nationalism and nationality and encourage students to participate in non-academic activities. In the context of constitutional law, this effort is a strategic policy carried out by the state through universities to create stability and peace. In addition, in the context of Islamic law, these efforts are in line with the objectives of Sharia, namely preventing harm and creating the benefit of the nation and state.  
Rereading the Concept of Joint Property: Fiqh Literacy in the Book of Sabilal Muhtadin and the Genealogy of Sheikh Arsyad's Thoughts Tarantang, Jefry; Akbar, Wahyu; Astiti, Ni Nyoman Adi; Rollis, Rollis; Ridwan, Ahmad Hasan
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.v8i3.23016

Abstract

This research describes fiqh literacy regarding joint property which has become an academic rumor referring to the Book of Sabilal Muhtadin by Sheikh Arsyad, which is a reference for studies on joint property in Indonesia. Because of this, it is necessary to re-read the concept of joint property, which was born from the culture of the Banjar people, namely the property of taboo, which was initiated by Sheikh Arsyad, because the reference is not from the Book of Sabilal Muhtadin.This research uses a type of normative research using historical, hermeneutic, netnographic, conceptual and philosophical approaches. Data was collected by means of literature studies that refer to the book of Sabilal Muhtadin and articles and studies of parties who are concerned about the book in correspondence. The findings of this research indicate that the Islamic legal methodology used by Sheikh Arsyad regarding the concept of joint property is a product of his ijtihad taking into account the local culture of the Banjar community. Although there is a misrepresentation of fiqh literacy regarding joint assets in the Sabilal Muhtadin Book which is used as a literary reference. Sheikh Arsyad's genealogical thoughts regarding joint property, although not contained in Sabilal Muhtadin's Book, have become a local legal doctrine that has been transformed into a global insight using the methods of islah, maslahah mursalah, urf, and adatul muhakkamah.However, this concept will not be degraded, because it has been practiced for a long time and has become a living law that contains beneficial values.
Dispute Resolution Mechanisms in Personal Data Leakages: An Analysis of OJK’s Role and Functions in Indonesia Sautunnida, Lia; Mohamed Zakri, Izura Masdina; Ahmadi, Faisal
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): 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.v9i1.21102

Abstract

Personal data protection currently has a significant impact on the development of the digital economy in every country in the world, including Indonesia, especially in the financial industry. The Indonesian Financial Services Authority or Financial Services Authority (OJK) is the authorized body tasked with protecting financial services customers. However, OJK's regulations, roles and functions are limited and varied and seem ambiguous in protecting customer data. Even though various laws, policies and guidelines have been enforced, leakage or theft of financing customer data still occurs. This study uses a normative legal method with a statutory approach. Data was collected by studying literature in the form of legal rules and regulations, articles and studies related to the research focus. This article concludes that the OJK has not been able to overcome the increasing cases of personal data breaches and has not been able to protect the personal data of its customers. As such, this article aims to analyze the OJK’s role and function in protecting and maintaining the confidentiality of the customers' data. Furthermore, there will be an analysis of dispute resolution mechanisms in personal data leakages due to the lack of knowledge and references regarding the litigation process and its consequences, it is tough to assess the efficiency of the legal actions taken by the financial institution to establish a balance between the use of personal data and the rights of individuals to privacy. This study uses a normative juridical method with a statutory approach and utilizes a literature study. As a result of this analysis and evaluation, it recommends that the Regulation of OJK No. 77/POJK.01/2016 be revised because it is no longer compatible with current financial technology development. 
Socio-Cultural Strength: Optimization of Bhuppa’, Bhâbhu’, Ghuru, and Rato in Establishing Compliance in Madurese Familial Conduct Susylawati, Eka; Hariyanto, Erie; Hosen, Hosen; Hamzah, Moh
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.v8i3.20299

Abstract

The identification of the Madurese local concept, Bhuppa’-Bhâbhu’-Ghuru-Rato, is a part of the conflict resolution instrument based on social construction theory. This concept serves as a strong foundation underlying the social relationships and moral structure of the Madurese community, which remains deeply rooted in various aspects of daily life. This research aims to analyze the significant role of the socio-cultural value system of the Madurese community in shaping the behavioral compliance of Madurese families. The research is qualitative in nature, relying on both primary and secondary data. Primary data is obtained from field studies, including direct observations and mapping of research aspects. The research findings indicate that there has been controversy in the interpretation of threats related to social inequality, economic family issues, and the pandemic already experienced. This interpretational controversy has been caused by differences in understanding, conflicting interests, and varying traditions or practices. Differences in understanding are evident from the varying levels of comprehension between groups in the community, which also highlights differences in literacy levels when interpreting these issues. The four important elements of Bhuppa’-Bhâbhu’-Ghuru-Rato play a vital role in controlling and providing guidance through families to enhance compliance. These elements are actualized in daily praxis as binding normative rules.

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