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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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Non-Astronomical Aspects of the Success of Rukyatul Hilal in East Java Mulyadi, Achmad
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.v8i3.25258

Abstract

The success of rukyatul hilal (moon sighting) is not only influenced by the physical aspects of the hilal (the crescent moon), but also depends on non-physical (non-astronomical) aspects. In the last 5 years, 7 out of 23 locations in East Java have contributed to sighting the hilal while other locations have experienced failures due to various constraints and obstacles. This paper evaluates these locations using geographical and topographical theories to delve into three main questions: the implementation of rukyatul hilal activities in East Java, the influence of geographical and topographical conditions of the locations, and the mapping of rukyatul hilal locations in East Java. Research data were measured and observed directly and indirectly using Google Earth with area sampling and non-probability sampling techniques. Research findings reveal that: first, rukyatul hilal is carried out at the beginning of each Hijri month by most observers at several locations during important months such as Ramadan, Shawwal, and Dhul Hijjah with the naked eye, while other locations use optical aids with low success rates; second, geographically, most rukyatul hilal locations in East Java are located near the equator with the main obstacle being disturbances from fog pollution, dust, clouds, rain, and other atmospheric particles; and third, out of 23 active rukyatul hilal locations in East Java mapped: a) locations categorized as observatories, with two observatories that do not fully contribute to moon observations, b) other hilal observation locations categorized as locations located on the north and south coast, with five locations that do not fully contribute to hilal observations, and c) other hilal observation locations categorized as locations located at high altitudes, with seven locations contributing to the implementation of hilal sighting and three locations dominating the production of hilal visibility more than once.
Implementation of the Eco-Metaverse in Indonesia: Sharia Economic Perspective Insawan, Husain; Alwahidin, Alwahidin; Kira, Horiacheva; Putri, Azzahrah Insawan
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.v9i1.26262

Abstract

This article discusses the implementation of the eco-metaverse in Indonesia, with a focus on the economic aspects of the metaverse. This article begins by providing an overview of the metaverse concept and its potential impact on various sectors, including education, commerce, and entertainment. Then, this article examines the principles of metaverse economics, such as the concepts of values, principles and norms, and how these concepts can be applied in the context of the metaverse. This research uses a qualitative research paradigm with a sharia economic approach. Data and information were collected through interviews, literature studies and focus group discussions (FGD). The condition of the eco-metaverse in Indonesia has begun to develop, although it is not yet running optimally. Several ways of using the Metaverse that can be considered in the context of sharia economics are Education and Knowledge, Communication and Empowerment, Economics and Business, and Socio-Cultural Life. Eco-metaverse development can be carried out through the waqf and syirkah application model on the sharia banking platform in the metaverse. Apart from that, another model being developed is a platform for selling MSME products through metverse where sellers and buyers can interact directly virtually. Based on the results and discussion in this research, it is highly recommended to; Explaining sharia-based eco-metaverse applications. There is a need for sharia-based eco-metaverse education, so that more and more people build or join the eco-metaverse. In implementing a sharia-based eco-metaverse, institutions are needed that oversee the consistent application of sharia principles in a transparent and interconnected eco-metaverse.
Digitizing Zakat Distribution in Malaysia: A Case Study on Application Process at Kedah State Zakat Board Nor, Shifa Mohd; Yaacob, Salmy Edawati; Rahman, Aisyah Abdul; Zainal, Hafizah
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.v8i3.24158

Abstract

This research examines the implementation of the digital zakat application process for eligible recipients via the "Zakat on Touch" (ZoT) platform, managed by the Kedah State Zakat Board (LZNK), Malaysia. Amidst technological advancements, the LZNK has introduced the ZoT application to facilitate zakat transactions. Although this system offers a range of features that benefit zakat contributors in Kedah, it has yet to implement the digitalization of the application process. This study evaluates the potential for incorporating a zakat application functionality within the ZoT system. The methodology adopted for this research includes in-depth interviews with seven LZNK officials. The findings suggest that, with proposed enhancements currently under evaluation, the ZoT application could facilitate the online zakat application process for eligible recipients. Moreover, LZNK's adept implementation of digital solutions has markedly improved the zakat management system, benefiting the payers, beneficiaries, and administrators. The community's favorable response to these initiatives is evidence of LZNK's successful innovation in innovating zakat management practices within Kedah.This research makes a significant contribution to knowledge fourfold.  First, to reveal the zakat management models used in various countries, which are valuable benchmarks and indicators for the development of digital zakat. Second, the importance and need for increased use of technology in Malaysia, especially focusing on the competence of zakat institutions in the field of financial technology through the LZNK case study.  Third, the findings of this research found that the positive impact of digital zakat in the state of Kedah is greater than the negative impact.
Protection of Women and Children in the Perspective of Legal Pluralism: A Study in Aceh and West Nusa Tenggara Zainuddin, Muslim; Nyak Umar, Mukhsin; Sumardi, Dedy; Mansari, Mansari; Khalil, Zakki Fuad
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.v8i3.22203

Abstract

The coexistence of Islamic law, customary law, and the national legal system within empirical societies remains an ongoing phenomenon. The consequences of such legal pluralism have implications for the protection of women and children. This study aims to examine the dynamics of legal relationships, the determination of diverse laws among the people of Aceh and West Nusa Tenggara, and the factors influencing the contestation of legal choices that impact legal favoritism towards women and children. This study employed a juridical empirical legal research method with a legal pluralism approach. Data were obtained by means of in-depth interview and document study. The interviews were conducted with customary leaders, religious leaders, and academics, whilst document analysis included journal articles, laws, and relevant books. The study took place in two locations: Aceh and West Nusa Tenggara Provinces. The findings of the study reveal that the dynamics of the relationship between customary law, religious law, and state law run concurrently in the context of the application of family law and criminal law. Some members of the community follow customary law and religious law, while others follow state law. The determination of law among the people of Aceh and Lombok is based on the legal consciousness of the community concerned. The choice of law in societal reality has an impact on favoritism towards women and children. The choice of state law tends to guarantee legal certainty and can provide legal protection for women and children. Conversely, the choice of religious law and customary law may sometimes be detrimental to women and children.
The Possibility of Social Conflict in the Momentum of General Elections in the Sociological Perspective of Islamic Law Misbahuddin, Misbahuddin; Tarmizi, Tarmizi; Rahman R., Abd.; Sapa, Nasrullah Bin; Rahmawati, Rahmawati
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.v9i1.22665

Abstract

The general election contest that is being held is very prone to causing conflict in society. This research aims to identify forms of social conflict, factors that cause social conflict, and the sociological perspective of Islamic law on the vulnerability of social conflict in general elections. So far, social conflict studies in general elections have mostly been studied from a social and norm perspective, but this research tries to look at the vulnerability of social conflict during general elections from the sociological perspective of Islamic law. This research is qualitative research using data obtained from online news. This research found that social conflict during general elections can take the form of arguments or debates and physical conflicts. There are at least three causes of social conflict, namely polarization or negative campaigns, selective fanaticism, and allegations of fraud. Preventing social conflict needs to be carried out using a sociological approach to Islamic law by upholding human rights, being moderate towards differences maintaining the value of balance, and being gentle. This research concludes that the sociological conception of Islamic law can be a solution to resolving social conflicts by prioritizing Islamic values. Therefore, the author suggests the need for government attention to avoid social conflict in general elections. Apart from that, support from religious figures and ulama is needed through counseling and issuing fatwas regarding the prohibition of social conflict in general elections because social conflict can damage relationships and values in society.
Conflict Resolution in Aceh: A Sociological Study of Ecological Sustainability and Palm Oil Zainal, Suadi; Ilham, Iromi; Fakhrurrazi, Fakhrurrazi; Arifin, Awaludin; Aulia, Faizul
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.v8i3.21069

Abstract

This article aims to explain the complexity of the realities surrounding the resolution of the conflict that occurred in Aceh, Indonesia related to the transformation of the Aceh Darul Islam movement and ecological sustainability in the development of oil palm in Aceh Tamiang Regency. This resolution in the form of oil palm development in Aceh Tamiang was carried out as empowerment of former DI/TII troops to reduce the occurrence of armed conflict in Aceh. On the other hand, the existence of palm oil plantations of former DI/TII troops in Aceh Tamiang raises concern about the reality of the impact of ecological sustainability. This study was carried out using qualitative methods, analyzed using sociological law theory. Data was collected by means of interviews and documentation studies.The results showed that The conflict transformation of the Aceh Darul Islam movement focused on the reintegration of ex-combatants into civil society with an emphasis on social, economic, and political aspects. This process involved economic empowerment, particularly through the oil palm plantation programme, to achieve peace and improve welfare in Aceh. The central government engaged in diplomacy with former DI/TII elites, integrating them in the development of oil palm plantations to maintain stability. Furthermore, it can be asserted that in the perspective of law sociology, the transformation of conflict resolution is the presence of the state that is able to create peace and social harmonisation through ecological sustainability with the release of green land and environmental management. Overall, conflict resolution efforts in the form of economic empowerment, environmental preservation and social order are key elements in building peace and sustainability in Aceh.
The Urgency of the Second Amendment to ITE Law from the Standpoint of the Positive Law and Human Rights Hasyim, A. Dardiri; Darsinah, Darsinah
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.v9i1.22656

Abstract

The ITE Law experienced modifications in 2016 with the enactment of Law No. 19 of 2016, which amends Law No. 11 of 2008 regarding ITE. In 2023, the ITE Law will see a reemergence of changes. This article seeks to delve deeper into the pressing nature of these changes through the lens of human rights. This research uses normative legal methods with a legislative approach with a human rights perspective. Data collection through literature reviews relevant to the research focus, including literature reviews, theoretical frameworks, and government regulatory documents. This article concludes that the existing findings show that the proposed amendments are already regulated in existing laws and regulations, thus indicating that there is no urgent need to revise the ITE Law. Out of the seven proposed changes, five hav been addressed in other laws and regulations. If the changes persist, there will be overlapping regulations that could undermine the positive legal framework in Indonesia. At the same time, two proposed changes regarding the consequences of criminal threats and sanctions have been incorporated into the Criminal Code, which was ratified and enacted at the end of 2022 and is set to take effect in 2026. The ITE Law, when viewed alongside regulations from other countries, has strayed from its initial purpose as a protector of electronic activities and has instead become a means of legitimizing criminalization. This clearly indicates that the ITE Law is inconsistent with human rights.
Transformation of Women's Leadership in Pesantren from Fiqh Siyāsah Perspective: Social Dynamics in the Patriarchal Culture of South Sulawesi Fatmawati, Fatmawati; Amir, Rahma; Alamsyah, Anggriani; Ilham, M.
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.v8i3.18647

Abstract

This research aims to explore the assessment of fiqh siyāsah regarding the role of women’s leadership in Islamic boarding schools (pesantren) in South Sulawesi and how the patriarchal cultural structure and the existence of bissu influence this dynamic. The study is empirical, employing the approach and theory of fiqh siyāsah. Primary data were collected through interviews with several prominent figures, while secondary data were obtained from literature studies. Data collection involved techniques such as interviews, participatory observation, and documentation within the pesantren. The findings indicate that although women are beginning to play leadership roles within a limited context, the influence of patriarchal culture still dominates the highest policy-making processes in the pesantren. Conversely, the presence of bissu as a ceremonial figure recognized by the community significantly contributes to the acceptance of women in the realm of religious education. The originality of this research lies in its comprehensive analysis of the interaction between local culture and women’s leadership, as well as the role of bissu in opening opportunities for women. The implications of these findings underscore the importance of applying the principles of fiqh siyāsah that emphasize justice and equality, and how this can support women's roles in creating a more just and inclusive society. This study provides a new perspective that enriches the discussion surrounding women's leadership amidst the patriarchal culture of South Sulawesi.
Theological Impact of Marriage for Religious Minority Families in Bali and Makassar Abbas, Nurlaelah; Mahmuddin, Mahmuddin; A. Samad, Sri Astuti; Samad, Munawwarah
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.v9i1.21130

Abstract

This study seeks to explore the challenges faced by the minority group of Muslim families in Bali and Hindu families in Makassar in practicing their religious beliefs, highlighting the insufficient facilities and community support available to them. They need to put in more effort to uphold the practice of worship, holidays, and fasting. Marriage significantly influences numerous facets of life, encompassing social, emotional, financial, and legal dimensions. The research method employed is qualitative, analyzed through a theological lens. Qualitative analysis techniques rely on qualitative data, which consists of words and is essential for drawing thorough and high-quality conclusions. Data were gathered through comprehensive interviews and a thorough analysis of the literature. The study's findings indicate that for Muslim families in Bali, interactions significantly influence theological aspects related to worship, culture, customs, and social interactions. In Bali, Muslim families experience significant interactions and acculturation, particularly in the realm of marriage, which profoundly impacts theological aspects, including the concept of worshiping God, differing from the beliefs held by the Hindu community in the region. Muslim families hold a belief in one God, whereas the Hindu-Balinese community embraces the existence of multiple gods and goddesses, leading to various forms of worship. Muslim families in Bali enjoy the freedom to engage with other communities, primarily Hindu, just as Hindu families in Makassar do, reflecting the open nature of the people in both regions. Consequently, it will influence inclusive, moderate, and tolerant theology regarding religious differences.
The Strategic Role of Local Political Parties in the Legislative Process Qanun for Sharia Financial Institutions in Aceh Alqarni, Wais; Saleh, Rahmat; Anggraini, Titi; Sulaksono, Tunjung; Akhyar, M. Nur
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.v8i3.21802

Abstract

According to the 2019 Election data, the Aceh Party secured 18 out of the 81 seats in the Aceh DPR (Legislative Assembly). The Speaker of the DPR is appointed from the Aceh Party, which holds the majority of seats in the legislature as the winners of the election. Furthermore, Commission I is responsible for overseeing matters related to Law, Politics, Government, and Security, is headed by a member of the DPR representing the Aceh Party. The Aceh DPR Legislation Body is led by a member of the Aceh DPR who belongs to the Aceh Party. This study employs a qualitative-normative approach, utilizing role theory for analysis. Data is gathered through in-depth interviews and literature review. The participants interviewed consisted of individuals affiliated with the DPR, the Islamic Sharia Service, and Academics. The material studied encompassed journal papers, books, news media reports, and research relevant to the topic under consideration. The findings suggest that local parties play a significant influence in the enactment of the LKS Qanun. The Aceh Party, a local political organization, emerged victorious in the election and secured the majority of seats in the Aceh parliament. This is evident through the participation of the chairman of the Aceh DPR legislative body who originates from the Local Party. This is an important part of the Political Party's contribution to the development of local democracy in Aceh as well as supporting the implementation of Islamic law in Aceh based on law within the framework of the unitary state of the Republic of Indonesia.

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