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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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Negotiating Sharia and Power: Political Dynamics behind the Drafting of the Qanun on Ahwal Al-Syakhsiyyah in Aceh Makinara, Ihdi Karim; A. Rani, Faisal; Idami, Zahratul; Rinaldi, Yanis
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/k97hy420

Abstract

This article explores the political dynamics behind the legislative process of the Qanun on Ahwal al-Syakhshiyah in Aceh, a province with special autonomy to implement Islamic law in Indonesia. Rather than focusing solely on the substance of the qanun, this study investigates the complex interplay of power, ideology, and institutional interests during its formulation. The main research question addressed is: How do political, religious, and institutional actors shape the legislative process of Islamic family law in Aceh? Using a socio-legal approach and political legal theory, this article analyzes the roles of key actors such as the Aceh House of Representatives (DPRA), the Ulama Consultative Council (MPU), the provincial executive, civil society, and the central government. The study reveals that the legislative process is not merely normative or religious in character, but is deeply embedded in political contestation, ideological negotiation, and regional–national power dynamics. This article contributes to the discourse on Islamic legal politics by demonstrating how sharia-based legislation in autonomous regions is shaped by broader negotiations of authority and legitimacy.
Babilangan in the Marriage Traditions of the Banjar Community in South Kalimantan: A Legal Pluralism Perspective Helim, Abdul; Ilmi, Muhammad; Ahmad, Sabarudin; Vennovary Benevolent, Wafid Syuja’
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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: 10.22373/9tr8na63

Abstract

Babilangan is an effort by the people of South Kalimantan to find out a person's compatibility with their potential partner, before getting married. However, in North Hulu Sungai Regency, Babilangan has been responded to with prolonged pros and cons. The main problem studied in this research is the practice of babilangan in pre-wedding Banjar communities in South Kalimantan. This research uses empirical legal methods with a legal pluralism approach. Data was collected by means of in-depth interviews and literature study. The informants interviewed were religious leaders, traditional and community leaders, while the literature study referred to journal articles, books and supporting references. This research concludes that although there are pros and cons to Babilangan, they are resolved using al-jam'u wa at-taufiq and legal pluralism. The way Babilangan works and the dialogue with other scientific theories means that Babilangan's function today is relevant as research through inner channels into the profile of a potential household partner. If we refer to the theory of legal pluralism, then babilangan is in accordance with Islamic law because it has mashlahat value and no legal violations have been found, in fact, babilangan can be categorized as 'urf sahih, namely a custom that is acceptable by the Islamic law. Its function is as part of a prediction regarding the profile of a prospective partner before the marriage takes place, which can still be used today. Meanwhile, in customary law, the Babilangan tradition is a cultural practice with the aim of a happy marriage and physical and spiritual prosperity.
Challenges in Interfaith Marriage: Literature Review of Faith Values ​​and Their Implications for Families Faizal, Liky; Fauzi, Moh. Yasir; Kamaruddin, Mohd Khairi; Qohar, Abd.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/trnc2372

Abstract

This study makes an original contribution by analyzing the challenges in interfaith marriages from the perspective of religious values ​​and their impact on the family. Although the topic of interfaith marriages has been widely discussed, this study focuses on identifying the challenges and dynamics related to religious values ​​that affect relationship stability and their implications for the family in a global context. This study uses a systematic and in-depth literature analysis approach to explore various relevant literature. The method used in this study is a literature review with a cluster analysis approach. Data were obtained through the use of publication tools such as Perish and VOSviewer to select 60 scientific articles related to the topic of interfaith marriage. There are 4 clusters produced, namely Cluster 1 (Red): in this cluster there are 13 items related to interfaith marriage and will be labeled "Marriage Rules with Different Cultures". Cluster 2 (Green): this cluster explains the label "Ethnic Acculturation in Marriage". Cluster 3 (Blue): This cluster is divided into 13 keywords items consisting of "Ethography in Marriage". Cluster 4 (Yellow): This yellow cluster consists of 7 keyword items, which will be labeled "Racist Actions against Children from Interfaith Marriages". The practical implications of this study provide insight for couples considering or in interfaith marriages to understand the challenges that may arise due to differences in beliefs. In addition, this study also suggests the need to increase tolerance and awareness of interfaith in society so that families in interfaith marriages can grow harmoniously.
The Impact of the Governor's Consultation and Consideration on Central Government Administrative Policy in Aceh Prang, Amrizal J.; Nasir, Muhammad; Arnita, Arnita; Sriwahyuni, Yeni
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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: 10.22373/91a8xy93

Abstract

The Central Government's administrative policies relevant to the Aceh Government are executed subsequent to consultation and deliberation with the Governor, as specified in Article 8, paragraph (3) of Law Number 11 of 2006 about the Aceh Government (UUPA). This encompasses issues such as geographical delineation, the formation of designated zones, and the formulation and enactment of statutes and regulations pertinent to the Aceh Government. This authority contrasts with the distinct and exceptional position of the Provinces of Papua and West Papua, the Province of the Special Region of Yogyakarta, and the Regional Government together. This study seeks to evaluate the efficacy of the Governor's authority in consultation and deliberation of the administrative policies of the Central Government in Aceh. Aceh, acknowledged for its distinctive autonomy status, holds distinct jurisdiction in the execution of governmental administrative responsibilities. This is qualitative research, in which method of data collection includes in-depth semi-structured interviews and document analysis. The findings demonstrate that the Governor's capacity to engage and deliberate is essential for aligning central policies with local needs. However, other problems hinder the execution, including inadequate coordination among agencies and differing interpretations of rules between the Central Government and the Aceh Government. Moreover, there is little oversight by the Aceh Special Autonomy Monitoring Team from the DPR-RI, coupled with an absence of penalties for delays in the execution of the UUPA. For effective execution, it is imperative that both the Central Government and the Aceh Government exhibit political will and consistency. The collaboration between the Central Government and the Aceh Government Consultation Teams should transform into an Ad-Hoc Team to promote a mutual understanding and provide continuous oversight of the implementation process.
Compromises and Customs: Strategic Practices in Bugis Sinjai Traditional Marriages Muslim, Abu; Idham, Idham; Mujizatullah, Mujizatullah; Marannu, Baso; Yuwono, Dandung Budi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/jj38ef75

Abstract

In the Bugis community of Sinjai, customary marriage practices embody sacred unity and family honor, often imposing strict conditions that can challenge individuals striving to achieve their marriage goals. One major obstacle is the high cost of marriage, which is further complicated by the influences of modernity and freer social interactions that have shifted the purpose of marriage away from its original religious intentions. As a result, marrying according to Bugis customs entails significant financial burdens, leading some individuals to adopt compromises and strategic tactics as alternative solutions. This research explores how such compromises and strategies are employed in Bugis marriages within Sinjai Regency, South Sulawesi. Using a qualitative case study approach, data were collected through observation, interviews, and documentation. The analysis draws on perspectives from Islamic jurisprudence, Bugis cultural traditions, and ethics. The research identifies two primary categories of strategies: first, compromises or strategies used to overcome obstacles in proceeding with marriage; second, strategies driven by specific goals or interests underlying the decision to marry. Five distinct case types are examined: political marriage, elopement, polygamy strategies, passampo siri (a form of symbolic compensation), and resource pooling (dui menre). Findings suggest that while these compromises and strategies may have limitations and potential negative consequences if misapplied, they also serve as practical adaptations to the rigid demands of Bugis customary marriage. The study underscores the importance of applying social ethics to frame marriage beyond legalistic terms, recognizing it as a genuine worldly and spiritual union that prioritizes public welfare and prevents harm
The Development of Trends and Themes of Polygamy in Islamic Law in the Contemporary World Sadat, Anwar; Husain, Rahmin Talib; Ibrahim, Zumiyati Sanu; Yusuf, Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/axgt7854

Abstract

Polygamy and Islam are significant topics to discuss along with the lack of research literature on polygamy in Islam in recent years. Therefore, this study aims to find out the current situation of research on polygamy in Islam supported by a bibliometric analysis of scientific publications indexed in the Scopus database. This study applied bibliometric analysis using VOSviewer software to visualize the results of previous studies on polygamy in Islam indexed in the Scopus database from 1982-2022. The findings of the bibliometric analysis showed that previous studies on polygamy in Islam based on the Scopus database indicated the tendency of rare attention of academics toward this topic. Therefore, in the future, such a topic has very broad opportunities that may focus on theoretical and empirical studies to improve science development. This article is the first study to discuss polygamy in Islam through a bibliometric analysis approach. Thus, it is expected that this study has implications for future research trends by paying attention to variables that are still rarely investigated by academics.
The Applicability of Cash Waqf Linked Sukuk (CWLS) Through the Tafriqus Sufqah Al-Khatib Al-Sharbini Theory: An Approach to Sharia Compliance and Financial Innovation Abidah, Atik; Asnawi, Nur; Suprayitno, Eko; Zuhriah, Erfaniah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/baspd111

Abstract

This research article delves into the examination of Cash Waqf Linked Sukuk (CWLS) within the framework of Islamic jurisprudence, particularly through the lens of Al-Khatib Al-Sharbini's Tafriqus Sufqah theory. Utilizing the guidance provided by the Fatwa DSN-MUI No. 131/DSN-MUI/X/2019, this study aims to scrutinize the Shariah compliance of CWLS, a contemporary Islamic financial instrument that amalgamates the concept of waqf (Islamic endowment) with sukuk (Islamic bonds), to foster economic and social development projects. The primary objective is to understand how CWLS adheres to Shariah principles by dissecting its structure and operations into separate contracts or agreements, in alignment with Tafriqus Sufqah theory, which advocates for clarity and segregation in financial dealings to avoid ambiguity (gharar), gambling (maysir), and interest (riba). Through qualitative analysis of the fatwa and relevant Islamic financial literature, the study explores the theoretical underpinnings of CWLS, evaluates its compliance with Islamic law, and assesses its innovative approach to integrating charitable giving with financial investments. The findings aim to contribute to the Islamic finance literature by offering insights on the application of Tafriqus Sufqah theory to modern financial instruments like CWLS, highlighting its potential for ethical investment and the challenges of ensuring Shariah compliance. This analysis not only enriches the understanding of Islamic financial products but also provides a model for developing future Shariah-compliant instruments that can meet the needs of contemporary Muslim societies.
Law in the News as a Prevention of Criminal Acts Related to Uang Panai in the Tradition of Marriage in Indonesia Subair, Muh.; Idham PA, Naurah Fakhirah; Isnanto, Muh.; Suarsana, I Made; Satyananda, I Made
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/hm8nhr16

Abstract

The tradition of Uang panai is the wisdom of the Bugis-Makassar tribe in Indonesia to honor women in the marriage process. Unfortunately, the amount of Uang panai is often the reason for criminal acts, such as fraud and theft, to fulfill the Uang panai. This study explores how audiences' reception of law news related to uang panai is based on Stuart Hall's theory and how it impacts the prevention of crime associated with this tradition. This article is written qualitatively, using a reception analysis of media news. The search for media news data was supported by in-depth interviews with purposively selected informants and complemented by literature studies. This research focuses on the theft of uang panai, which went viral and was widely responded to by the community. The results show three positions of audience acceptance, namely the dominant position that supports consistent law enforcement to create a deterrent effect. The negotiation position also supports law enforcement but offers customary reforms to make it cheaper and encourages people to act more wisely by facilitating uang panai. The existence of a community that promotes the uang panai tradition will reduce the pressure on men who are committed to marriage and be a deterrent to the criminal act of uang panai. The opposition rejects the application of formal law to perpetrators of theft for uang panai and suggests settlement by customary law. The opposition believes that understanding the sacredness of adat will effectively prevent crimes related to uang panai. The impact of legal reporting related to uang panai to avoid criminal acts appears in the form of public awareness of the consequences. Awareness of the consequences is born from the impact of the news that gives a deterrent effect, strengthens traditions, and encourages policy improvements.  
Integration of Educational Evaluation and Student Character Building in Family Resilience in Makassar City, South Sulawesi Ilyas, Ilyas; Suriyani, Suriyani
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/qfey8j84

Abstract

This article explores the integration of educational evaluation and its role in character development, particularly in relation to strengthening family resilience. The central question addressed is how educational evaluation contributes to character building within the context of the family. Employing a qualitative research design, this study utilizes a case study approach, with data collected through in-depth interviews and document analysis. Participants included parents, teachers, and educational leaders in South Sulawesi, Indonesia. The findings indicate that educational evaluation plays a dual role: for students, it serves as a tool to recognize their individual capacities and social positioning within the classroom; for educators, it provides insight into the effectiveness of their pedagogical strategies. Education is identified as a key instrument in character formation, shaping individuals with intellectual depth, moral integrity, physical vitality, and a strong sense of self. Among various influencing factors, education emerges as the most impactful in character development. In the context of Makassar City schools, teacher-led evaluations that incorporate character education into family settings have proven effective in supporting parents in guiding their children away from negative social influences
Problems of Muslim Society in Southeast Asia: A Study of the Impact of Online Games from an Islamic Law Perspective Jusoh Yusoff, Amir Fazlim; Djawas, Mursyid
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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.v9i2.26385

Abstract

One of the problems of Islamic law in Southeast Asia and even the world today is the emergence of online games in Muslim society. Therefore, concerns have arisen about the game, how it impacts Muslim society, whether it is in accordance with Islamic law or not. This study aims to examine the impact of online games on Muslim society and how Islamic law views it. This qualitative study applies content analysis related to Islamic legal analysis. Reference terms have been compiled as a guideline, taken from the main opinions of three schools of thought, namely al-Syafi'iyyah, al-Malikiyyah, and al-Hanabilah according to their main references. Interviews with sharia experts provide information on the assessment of this third item. Finally, Islamic legal analysis determines the decision on these items related to justice according to the opinions of the previously mentioned schools of thought with their reference terms. This study reveals that the mystery box and unlimited purchase features in dare and esports games are compared to the requirements of justice according to sharia. Online games are not only contrary to Islamic law because they contain elements of gambling, fraud and speculation. Online games can also have negative impacts on the perpetrators such as psychological, health, economic, social and mental disorders, so that the perpetrators can behave abnormally both physically and psychologically. In addition, it also goes against Malay cultural values ​​that uphold strong Islamic teachings in society. This study also recommends that the government strictly control and grant permits to institutions that create online games that are more educational and beneficial for people in Southeast Asia, especially Malaysia and Indonesia.

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