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SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
ISSN : 25493132     EISSN : 25493167     DOI : -
Core Subject : Social,
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
Protecting Islamic Users In E-Payment Transaction: The Islamic Perspective Abdul Razak, Nurul Asikin; Ahmad, Shofian; Zakaria, Zamzuri
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.v9i1.26391

Abstract

 Vulnerability of Islamic users in e-payment transactions, including risks related to fraud, privacy breaches, and ethical violations. These concerns arise due to the rapid digital transformation and the evolving landscape of financial technologies. In today's digital era, electronic payment (e-payment) systems play a pivotal role in facilitating transactions across global economies. However, alongside their convenience, e-payment systems present significant challenges related to security, privacy, and ethical considerations, particularly when viewed through the lens of Islamic finance. The objective of this study is to examine how Islamic principles can guide the development and implementation of e-payment systems to protect users effectively. It aims to identify key principles from Islamic finance that can enhance security, ensure fairness, and uphold ethical standards in e-payment transactions. This study adopts a qualitative research method, focusing on documentation and secondary sources, by examining and analyzing users protection in e-payment transactions from an Islamic perspective. Through an analysis of Islamic financial principles such as transparency, fairness, security, and ethical conduct, this paper finds that integrating these principles into e-payment systems can mitigate risks and enhance user confidence. Moreover, avoiding uncertainty (gharar) and gambling (maysir) in e-payment transactions underscores the importance of clear and non-speculative terms. The implications of this study are significant for stakeholders in the e-payment industry, including financial institutions, regulatory bodies, and policymakers. By aligning e-payment practices with Islamic ethical norms, stakeholders can foster trust among Islamic users, enhance regulatory compliance, and promote sustainable economic development. This paper underscores the importance of integrating Islamic ethical principles into e-payment systems to ensure the protection and welfare of Islamic users.
Multicultural Dispute Resolution System in Aceh Before and After the Issuance of the Customary Institution Qanun Mawar, Sitti; Iqbal, Muhammad
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.v9i1.19767

Abstract

The existence of customary institutions in Aceh has contributed significantly to the resolution of disputes in society. The existence of customary institutions has experienced ups and downs in accordance with the legal rules and regulations set by the government. This study is a normative legal study through a study based on the theory of legal pluralism, utilizing historical, conceptual, and comparative legal research techniques. The use of the theory of legal pluralism has recently been widely carried out through historical, conceptual, comparative, sociological and anthropological research on law. This study focuses on the multicultural settlement system in customary institutions before and after the enactment of Qanun Number 10 of 2008 in resolving household cases. The results of the study obtained by customary justice institutions in Aceh before and after the enactment of Qanun Customary institutions are the same, they still use local wisdom in resolving household disputes by prioritizing the customs of the community that have been established since the Indatu era, the difference with the issuance of qanun makes the function of the figure institution in its role in the customary institution clearer. The customary apparatus of Tuha peut Gampông is the party that plays a responsible role so that the resolution of the dispute/case does not cause losses to the parties, but makes maximum efforts to achieve peace. The leaders of customary institutions have the main responsibility of implementing the settlement process, deciding fairly, protecting the rights of the parties, recording the process and decisions and documenting documents. From the perspective of legal pluralism, dispute resolution through customary institutions is part of the recognition of the diversity of legal systems and the existence of customs in Aceh.
A Systematic Literature Review on Conditional Cash Transfers in Organisation of Islamic Cooperation Countries for Tackling Poverty Mohamed Esa, Mohd Suffian; Yaacob, Salmy Edawati; Wahid, Hairunnizam
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.v9i1.20577

Abstract

Conditional Cash Transfer (CCT) programs have been highly effective in reducing poverty globally, particularly in countries such as Brazil and Mexico. However, numerous OIC countries continue to experience high poverty levels, emphasizing the need for programs that are specifically adapted to their unique socio-economic contexts. The goal of this study is to systematically review and synthesize the evidence on the effectiveness of Conditional Cash Transfer (CCT) programs in poverty eradication in OIC member countries. This study utilized a systematic review following the ROSES protocol for transparency and rigor. Inductive thematic analysis was applied to identify key patterns, synthesizing 23 articles published between 2018 and 2023 for comprehensive insights into the research topic. Five significant themes were identified based on the thematic analysis: (1) Health Conditionality and Impact on CCT Programs; (2) Education Conditionality and Impact on CCT Programs; (3 CCT Programs Impact on Poverty; (4) Issues and Challenges in CCT Programs; (5) Intervention in CCT Programs. Thirteen sub-themes were built from these five fundamental concepts. This study reviews recent advancements in CCT programs and their impact on poverty alleviation in OIC countries, offering insights for implementation and providing valuable information for scholars. It emphasizes the potential integration of Islamic fiscal resources, such as zakat, and the incorporation of religious principles as conditionalities within CCT models from an Islamic legal perspective. These aspects offer promising avenues for future research, providing valuable insights that could enhance poverty reduction strategies and serve as important guidance for scholars and policymakers.
Development of Islamic Law in Indonesia: Explore Traces, Legacy and Contributions Ahmad Azhar Basyir's Thoughts Yusdani, Yusdani; Arfaizar, Januariansyah; Asmuni, Asmuni; KS, Muslich; Arifai, Ahmad
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.v9i1.17079

Abstract

This study discusses the Islamic thoughts of Ahmad Azhar Basyir, an Indonesian scholar who has mastered Islamic sciences in various fields, and written various books on Islamic philosophy, law, jurisprudence, and economics. However, studies on the his thoughts in these various fields are rarely conducted. Today, in the renewal of Islamic legal thought and the public's enthusiasm for Islamic economics in Indonesia, it is urgent to consider and study Ahmad Azhar Basyir's thoughts. The main problem being studied is the contribution and position of his thoughts in response to the issues of nationality and community in Indonesia. The approach used in this article is a three-dimensional philosophical and socio-historical model. This study was carried out using a heuristic model, which involved stages of exploration, identification and classification of various literary sources related to Ahmad Azhar Basyir's religious thought in Indonesia. Accordingly, this study concludes with the analysis and interpretation of the various sources that have been explored, identified and classified. One of the important findings in this study is Ahmad Azhar Basyir's view regarding the renewal of Islamic thought, law and economic development which requires ijtihad, which integrates textual and contextual aspects and involves various social science and humanities disciplines. Lastly, the development of Islamic economics in various fields aims to realize the welfare of the people. 
Seulangkȇ as a Model for Enhancing Principal Competence in South Aceh: a Study on the Cultural Approach Effectiveness Maidar, Maidar; Gultom, Syawal; Darwin, Darwin
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.v9i1.22344

Abstract

The impact of culture on learning has been extensively acknowledged by authorities such as Vygotsky. This study aimed to evaluate the efficacy of the Acehnese culture-based training model, Seulangke, and to enhance the competencies of state secondary school administrators in South Aceh Regency, Indonesia. This research employs a qualitative methodology with a cultural perspective. This paper employs a pre-experimental design characterized by a one-shot case study involving 27 principals in South Aceh. Data collection was conducted by testing and paperwork, thereafter analyzed with the t-test method utilizing SPSS version 23. Differences in learning results exist between training participants utilizing the Jigsaw training model (experiment A) and the Seulangkê model (experiment B) among school principals. The study stated that the experimental data indicated a disparity in learning outcomes between experiment A, which yielded a score of 69.63, and experiment B, which achieved a score of 75.00. This indicates that the application of Experiment B (Seulangkê Model) in education is superior to the control Experiment B (Jigsaw Model). The statistical examination of the "t-test" indicates a t-count of -2.887, with a significance level of 5% (95% confidence interval) and 52 degrees of freedom. If the t-count is situated in that region, H0 is dismissed. Consequently, it can be inferred that the learning outcomes of participants in experimental classes A and B regarding principal competence (personality, managerial skills, entrepreneurship, supervision, and social abilities) are not identical or significantly different, indicating that there are disparities in the learning outcomes of the training participants, with experiment B outperforming experiment A.
Environmental Protection for Sustainable Development: A Study of the Pilkada Debate in Aceh from a Legal Policy Perspective Efendi, Efendi; Zuhri, M.; Salsabila, Syifa
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.v9i1.25890

Abstract

Environmental protection is a very important issue in the Sustainable Development Goals (SDGs) including Indonesia. Because the main requirement for development is based on maintained natural resources such as clean and affordable energy, handling climate change, marine and terrestrial ecosystems. However, the global environmental crisis with uncertain climate change threatens the future of the world and humanity. The purpose of this study is to determine whether environmental protection for sustainable development can be accommodated in legal policies through the 2024 Aceh Pilkada debate. This study uses an empirical methodwith a legal policy approach. Data were collected by means of literature studies and interviews, the literature reviewed was laws, regulations, journal articles andbooks related to the focus of discussion, while the informants interviewed were members of the House of Representatives and the Environmental Service. The results of this study conclude that environmental protection for sustainable development is something that is very urgent. Because sustainable development in the future is largely determined by how seriously the state maintains its environment inIndonesia. Furthermore, environmental issues in Aceh are complex problems thatrequire comprehensive and sustainable solutions that can be implemented in government policies. In the context of legal policy, the role of the government asthe main actor in implementing legal regulations, supported by the active participation of all stakeholders, and influencing the legal behavior of the community and the private sector, is very necessary to realize Aceh in sustainable development.
Centralization and Decentralization of Zakat Management in Lontara' Sukku'na Wajo, South Sulawesi: Philological Approach Ilyas, Musyfikah; Ilyas, Husnul Fahimah; Arafah, Sitti; Idris, As. Rakhmad; Bahri, Saeful
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.v9i1.23996

Abstract

This article aims to examine the centralization and decentralization of the zakat management system at Lontara Sukku'na Wajo.. The research method used in this article is based on the Lontara’ Sukkuna Wajo (LSW) manuscript as the primary data source. This manuscript describes religious practices, especially zakat management system in the past. The data were studied using a philological approach through these methods: transliteration, translation, and interpretation of text and context related to zakat, then relating them to the present. This research found that there are relevances between LSW manuscripts and religious practices that developed in the community in the past and present, especially regarding the centralization and decentralization of zakat management. The centralization system of zakat management in LSW is marked by the absence of Friday prayers in the area and the incompleteness of Sara’ officials so the zakat management system must be centralized and follow the areas with complete Sara’ equipment, so they must pay their zakat in the Wajo Kingdom.  Meanwhile, the decentralization system of zakat management can be implemented if the community order in the region is complete, marked by the holding of Friday prayers and complete Paréwa Sara’ (officials in charge of handling religious matters). The Paréwa Sara’ consists of Kali, Katte’, Amele’ (or an amil), Pangulu Limpo, and Bilala. Friday prayers and the completion of the Paréwa Sara’ became a measure in establishing a legal product at that time. A well-established region was considered capable of managing itself. If it is manifested in the present condition, then zakat management institutions or organizations that have been accredited in their fields are considered capable of managing their own zakat assets under their authority.
Religious Moderation, Pela Gandong and Jihad Reconstruction: Conflict Prevention in Maluku from the Perspective of Maqāṣid Al-Sharī'ah Arsyad, Azman; Daud, Mahmuddin; Idris, Aisyah
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.v9i1.26416

Abstract

This article analyzes religious moderation, pela gandong, and the reconfiguration of jihad to prevent war in Maluku. Conflict avoidance has been viable through a sophisticated understanding of religion, utilizing cultural mechanisms like pela gandong. The research utilized an empirical methodology analyzed via the framework of maqāṣid al-sharī'ah theory. Data were obtained through extensive interviews and literature reviews to guarantee accuracy. The interviewed participants were individuals impacted by the war, community leaders, religious figures, scholars, and female leaders. The study concluded that the violence in Maluku was initially triggered by economic imbalances impacting social, political, and religious aspects. Moreover, the Maluku community throughout the conflict was regarded as a battleground, influenced by external group dynamics. Conflict prevention in Ambon can be accomplished by constructively reinterpreting jihad, fostering religious moderation, and revitalizing culture through pela gandong. Pela gandong is a tradition that strengthens social ties, highlighting a commitment to mutual respect, collaboration, and the maintenance of harmonious relations between two community groups, so promoting reconciliation and peace-building efforts. In the context of maqāṣid al-sharī'ah, which asserts that the aim of the Islamic law is to provide substantial advantages to humanity, the integration of culture and the precise interpretation of jihad is essential. Consequently, within the realm of Islamic jurisprudence, a contextual interpretation of jihad will provide a more beneficial comprehension than a textual examination. The basic purpose of Islamic law is to establish peace and harmony while preventing conflict within society.
Communication and Ethics of Modern Indonesian Business in The Perspective of Islamic Economy Law Saleh, Sadhriany Pertiwi; Cangara, Hafied; Sudirman, Indrianti; Unde, Alimuddin; Putra, Fajar Dwi
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.v9i1.22918

Abstract

As one of the countries with the largest Muslim population in the world, Indonesia exhibits a universal modern business environment where Islamic values are not only religious principles, but also serve as a legal framework and social norms. This research seeks to uncover complex legal and moral dilemmas in business communication in Indonesia. This article uses qualitative methods with a communication approach and Islamic economic law. Data was collected by means of literature study or document analysis. This research found how important the relationship between Islamic ethical rules and applicable legal regulations and religious characteristics is in modern communication in the business world in Muslim-majority countries. Therefore, adopting Islamic ethics in the current business communication process in Indonesia is something that is very urgent. Through ethical and legal stakeholder resolutions, businesses will improve their reputation and build trust with stakeholders, and facilitate sustainable economic development in the country. In the context of Islamic economic law, collaboration between ulama and legal experts is very important for companies in Indonesia as a way to ensure compliance with ethics, increase CSR efforts, conduct sharia compliance audits, and fully engage with stakeholders. This study finds the value of collaboration as an instrument of business sustainability, ethical behavior, and engagement with stakeholders.
Product Innovation of Deposits in Islamic Banking: Challenges and Opportunities After the Enforcement of the Islamic Financial Services Act 2013 Nik Abdul Ghani, Nik Abdul Rahim; Mohd Saffai @ Mohd Shafie, Mastura
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.v9i1.26941

Abstract

This article aims to analyze the changes in the structure and operations of deposit products in Islamic banking following the enforcement of the Islamic Financial Services Act 2013 (IFSA). The stricter Shariah compliance requirements and regulations introduced by IFSA have affected how Islamic banking institutions classify and offer their deposit products. The main issue faced is how Islamic banking institutions can maintain the competitiveness of their deposit products while ensuring adherence to Shariah principles and strict regulatory requirements. The objective of this study is to identify the challenges and opportunities in Islamic deposit product innovation, as well as strategies that can be used to attract customer interest and enhance their understanding of these products. The methodology used in this study involves content analysis and semi-structured interviews with officers from Bank Islam and Bank Muamalat, two leading Islamic banking institutions in Malaysia. The findings show that there is an urgent need for innovation in Islamic deposit products, particularly in the use of Shariah contracts such as wakalah and tawarruq. The study also found that while there are challenges in ensuring Shariah compliance, there are significant opportunities to enhance the competitiveness of Islamic deposit products through more effective marketing strategies and improved customer understanding. This article provides an in-depth insight into the potential and obstacles in the development of Shariah-compliant Islamic deposit products, as well as recommendations for improvements in the operations and offerings of these products.

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