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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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Theological Influences on Religious Perceptions in South Sulawesi: A Mashlahah-Based Study of the FKUB Saleh, Marhaeni; Rahmawati, Rahmawati; Abubakar, Muhammad bin
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: 10.22373/6jtqa602

Abstract

This article explores the influences of purificative theology on the interpretation of religious teachings, with a particular focus on the Interfaith Communication Forum (FKUB) in South Sulawesi, Indonesia. As a descriptive qualitative study, it examines the perspectives of interfaith leaders, highlighting how religious understanding is shaped by individual and institutional theological interpretations. The research employs a theological framework grounded in the maqasid al-shariah (objectives of Islamic law), utilizing in-depth interviews and literature analysis as primary data collection methods. Informants include FKUB leaders, Islamic scholars (ulama), and Christian pastors. The FKUB plays a vital role in promoting religious harmony in Indonesia by facilitating dialogue among leaders of different faiths. Findings reveal that theological orientation significantly affects religious understanding, encompassing tendencies such as puritanism, exclusivism, inclusivism, fundamentalism, and moderation. In this context, the FKUB promotes an inclusive and moderate theological stance that encourages interfaith dialogue, mutual respect, and the preservation of religious diversity. Members of the FKUB engage in open discussions, seeking shared values while upholding their own beliefs. From the perspective of Islamic law, such inclusivity aligns with the concept of mashlahah (public benefit), fostering social harmony and ensuring the well-being of the broader society. This approach helps sustain a tolerant and peaceful religious environment in Indonesia.
The Philosophy of "Habis Adat Karena Mufakat": Consensus of Diversion of Pusako Tinggi in Minangkabau Fithri, Widia; Wira, Ahmad; Hadi, Rahmad Tri
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: 10.22373/6q2sa250

Abstract

Inheritance distribution is a crucial issue in Islamic family law, deeply rooted in custom and culture. The Minangkabau community recognizes inheritance, known as pusako tinggi, which cannot be transferred. Selling it means the loss of community wealth, resulting in the loss of Sako and Pusako. This study aims to explore the philosophy of pusako tinggi in Minangkabau and the context of its relevance. This study uses empirical legal methods with a philosophical and customary law approach. The study was conducted at the Syekh Ahmad Khatib Al-Minangkabawi Foundation in the village of Koto Tuo Balai Gurah. The selection of Koto Tuo was based on Minangkabau customs, namely salingka nagari (customs limited to one place). Data were collected through interviews and documentation. Interviews were conducted with representatives of parties who contributed to pusako tinggi. The documents described are books, articles, research reports, and all documents related to the discussion. This research applies empirical legal methods with a philosophical and customary law approach. The research was conducted at the Syekh Ahmad Khatib Al-Minangkabawi Foundation in the Koto Tuo Balai Gurah village. The research was conducted at the Sheikh Ahmad Khatib Al-Minangkabawi Foundation in Koto Tuo kenagarian Balai Gurah. The selection of Koto Tuo is based on the custom in Minangkabau of salingka nagari (customs are limited to one place).  This study found that the land is not a mere symbol but represents the existence and dignity of the civilised Minangkabau society. Pusako tinggi in Minangkabau community consensus can be transferred when dealing with crucial customary and religious interests. This also does not contradict the principle of the relationship between Islamic law and custom, but this reality shows that the Minangkabau people adhere to custom and religion.
Community Empowerment in Strengthening the Sakinah Family: The Strategic Role of KUA in Bandar Lampung City Faizal, Faizal; Khairullah, Khairullah
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/xhfjej51

Abstract

This study focuses on community empowerment efforts by the Office of Religious Affairs (KUA) in Bandar Lampung City in strengthening the sakinah family. This research uses a qualitative approach with field research methods, where data is collected through observation, in-depth interviews, and documentation. The results of the study show that only the capacity building program for couples through premarital courses (Suscatin) has been successfully implemented, while the youth education and economic empowerment program through the Sakinah Family Center (PUSAKA Sakinah) has not continued. The main obstacles identified include limited facilitators, inadequate infrastructure, and regulatory changes and political influence. However, positive responses from participants, professional facilitator competence, and collaboration between government agencies supported the success of the program. This research contributes to the understanding of the unique integration between religious, social, and economic factors in achieving a healthy family structure. Further research can examine the strategic role of KUA in empowering adolescents in the school environment.
The Position of Maqasid al-Shariah within Islamic Legal Sources: A Comprehensive Analysis Alias, Muhammad Nazir; Abdullah, Muhammad Najib; Osman, Mohd Farihal; Ismail, Nor Faizah; Kamis, Mohd Sham
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/q4byre51

Abstract

This study examines the position of maqasid al-shariah (objectives of Islamic law) within the hierarchy of Islamic legal sources and its role in contemporary legal derivation. While maqasid al-shariah serves as a framework for preserving five essential elements (religion, life, intellect, lineage and property), its precise position within Islamic legal sources remains ambiguous. This research addresses whether maqasid functions as a primary source equivalent to the Quran and Sunnah or merely as an interpretative tool and how it interacts with secondary sources like qiyas, istihsan and maslahah mursalah. Employing document analysis, comparative analysis and interdisciplinary approaches integrating usul al-fiqh and maqasid studies, this research examines primary Islamic sources and classical and contemporary scholarly works. Findings reveal that maqasid maintains an organic relationship with primary sources while serving as an evaluative framework for secondary sources. In qiyas, maqasid guides identification of 'illah (legal cause); in istihsan, it justifies departures from strict analogical reasoning; for maslahah mursalah, it distinguishes valid public interests; and it filters ‘urf (custom) and guides sadd al-dhara'i (blocking means to harm). Contemporary applications in Malaysia and Indonesia demonstrate maqasid's practical significance. During COVID-19, religious authorities used maqasid-based reasoning to suspend congregational prayers, prioritizing life preservation. In Islamic finance, maqasid principles guide evaluation of cryptocurrency and digital sukuk. The emergence of “maqasid-oriented ijtihad” represents a methodological innovation integrating traditional usul al-fiqh with maqasid considerations. This research clarifies that maqasid al-shariah functions not as a separate hierarchical source but as an integral framework permeating all levels of legal derivation. The findings suggest traditional usul al-fiqh methodologies, when properly integrated with maqasid principles, remain adequate for realizing shariah objectives in modern contexts, though requiring dynamic application responsive to contemporary realities.
The Contribution of Indonesian Islamic Banks to Economic Growth Post-Merger: Opportunities and Challenges Asriani, Asriani; Kurniawan, Agus; Setyanto, Alief Rakhman
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/hpmddd13

Abstract

The integration of Islamic finance into Indonesia's national economic strategy is seen as a key driver of sustainable economic growth. However, the Islamic banking sector, despite its potential, continues to face structural and market-related limitations. This study investigates the contribution of Bank Syariah Indonesia (BSI) to Indonesia’s economic growth following the merger of three state-owned Islamic banks Bank Syariah Mandiri, BRI Syariah, and BNI Syariah by focusing on the post-merger opportunities and challenges. The research aims to answer two central questions: (1) What opportunities does BSI hold for contributing to economic development in Indonesia? and (2) What are the major internal and external challenges it must overcome to achieve these goals? Using a qualitative research design, the study gathers primary data through interviews with key informants from BSI branch offices in Aceh, Manado, and West Java, and analyzes secondary data from BSI’s official financial documentation. The results indicate that BSI has consolidated a robust capital base of over Rp239.56 trillion and improved its capacity for financial intermediation, making it a strategic institution aligned with the endogenous growth theory. Nonetheless, BSI’s potential is constrained by issues including underdeveloped governance integration, technological lags, limited regulatory autonomy, and low financial literacy. These findings suggest that while BSI holds strong prospects for supporting inclusive national development, realizing its full potential requires overcoming institutional, technological, and educational gaps. Strengthening legal frameworks, enhancing literacy programs, and harmonizing regulatory policies are essential to maximize BSI’s contribution to Islamic financial and economic advancement in Indonesia.
Intention and Investment Selections in Amanah Saham Bumiputera (ASB): Evidence from Kelantan Zahri, Fatin ‘Alia; Zahri, Mohd ‘Adli; Radin Badaruddin, Radin Firdaus; Hamat, Zahri; Muhd Adnan, Nurul Ilyana
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/j52g8065

Abstract

This study investigates the impact of intrinsic, extrinsic, and religiosity factors on investment selections in Amanah Saham Bumiputera (ASB) among investors in Kelantan, focusing on the mediating role of intention. A survey was conducted with 300 ASB investors, and data analysis was performed using Partial Least Squares Structural Equation Modeling (PLS-SEM). The results reveal that extrinsic factors, such as marketing, and religiosity significantly influence ASB investment selections, with intention acting as a mediator. In contrast, intrinsic factors, such as the understanding of ASB, exhibit a weaker relationship with investment selections. The findings underscore the importance of offering Shariah-compliant investment products to meet the religious needs of investors. Additionally, enhancing financial education is vital to ensuring that investment choices align with ethical and social responsibility standards. Stakeholders are encouraged to collaborate with religious bodies to develop Shariah-aligned policies, thereby enhancing the acceptance and effectiveness of investment products in Kelantan.
Fatwa of MUI and Islamic Jurisprudence Council on Stem Cells from The Perspective of Qawaid Fiqhiyyah Yasin, Yuli; Sahar, Sahar; Saepulloh, Aep; Yahyaoui, Abdelghani
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/hrfb1r83

Abstract

This article discusses two fatwas issued by Islamic organizations—the Indonesian Ulema Council (MUI) and the Islamic Fiqh Council—regarding stem cell therapy, with the aim of analyzing the arguments of each council, examining their legal foundations, and assessing the strength of the legal reasoning in each. Stem cell therapy is one of the newest therapeutic approaches being developed in many countries after medical research demonstrated its success in treating chronic diseases such as cancer. However, some Islamic societies do not permit such treatments unless they are officially permitted by Islamic jurists through fatwas. Regarding the use of stem cells, the ruling on their use has not been discussed by the imams of the four madhabs. Therefore, it has become among contemporary medical fiqh issues, leading to scholarly disagreement over the ruling on their use. In this study, the researchers relied on a qualitative research approach and utilized documents and secondary sources to analyze Fatwa No. 51, issued by the Indonesian Council of Ulema in 2020, and the Islamic Fiqh Council of the Muslim World League decision in 2003 during its seventeenth session regarding the use of stem cells from the perspective of qawaid fiqhiyyah “The original ruling of beneficial things is permissible.” The findings suggest that both councils differed on the original ruling on stem cell therapy, ranging from prohibition to permissibility, depending on the type of substances in which stem cells are considered. However, the permissibility of stem cell therapy serves a predominant benefit, potentially saving patients and helping combat many chronic diseases. This analytical study contributes to enhancing the contemporary jurisprudential understanding of modern medicine and advocates for changes in MUI fatwa that could significantly improve the quality of life by ensuring the use of stem cells without the condition of necessity or hajah shari’yyah.
Empowering the Rights of Persons with Disabilities in Accessing Justice in the Shariah Courts of Malaysia Mohd Nor, Aishah; Sahri, Mardhiyyah; Mahmod, Zulzaidi; Zainudin, Ulfah Mansurah; Mohd Kusrin, Zuliza
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/w00cs481

Abstract

Persons with disabilities (PWD) face significant barriers in accessing justice in the Shariah Courts of Malaysia. Despite the existing legal frameworks designed to protect the rights of PWD, the implementation of these rights remains challenging. This study seeks (1) to analyse the status of PWD from the Islamic perspective, (2) to examine the Malaysian legal framework on the rights of PWD, (3) to explore the challenges encountered by the Shariah Courts in addressing legal proceedings involving PWD and (4) to propose recommendations for empowering the rights of PWD in accessing justice in the Shariah Courts of Malaysia. This research employs a qualitative study through library research and focus group discussion with five (5) Shariah Court officers from four (4) districts in Malaysia and examines four (4) court files. The data were analyzed using thematic analysis to identify challenges encountered by the Shariah Courts in dealing with legal proceedings involving PWD as litigants and to propose recommendations based on the challenges identified. The study reveals that the absence of a specific law addressing PWD’s rights within the Shariah Courts hinders the full effectiveness of these protections, leading to challenges in implementation. It highlights the need for improvements including the establishment of specialized Standard Operating Procedures to assist the Shariah Courts in accommodating PWDs and enhancing coordination between the Shariah Courts and PWD-related agencies to ensure the effective realization of PWDs' rights to access justice in the Shariah Courts of Malaysia.    
Formulation of Oil and Gas Production Sharing Contracts and Their Implementation in Foreign Investment in the Upstream Oil and Gas Sector: A study in the Pase Block, North Aceh Nurdin MH, Nurdin MH; Analiansyah, Analiansyah
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: 10.22373/1fxkn671

Abstract

The formulation of oil and gas Production Sharing Contracts (PSCs) in Aceh differs greatly from those in other regions of Indonesia. This process shall adhere to the Government Regulation No. 23 of 2015 on the Joint Management of Oil and Gas Natural Resources in Aceh, as the legal foundation for the Aceh Government’s authority in managing these resources. Accordingly, the Aceh Government shall be involved in the drafting, amendment, and termination of the PSCs, which also includes issues related to data management, payment of signature and production bonuses, audits, transfer of participating interests, involvement of Aceh-owned enterprises, and determination of CSR funds. However, there is only one oil and gas PSC in the Pase Block, signed between the Aceh Regional Development Company and Triangle Pase Inc. on May 22, 2015. This study explored the implementation of the PSC in the context of foreign investment in the upstream oil and gas sector in Aceh. Employing a normative juridical method, the study collected data by means of interviews and literature reviews, and analyzed the data based on oil and gas regulatory frameworks. The findings revealed that the implementation of the PSC indicated several contractual obligations that were not fulfilled or were violated by Triangle Pase Inc., causing financial losses to the Aceh Regional Development Company. As a result of these violations, the Aceh Regional Development Company filed a legal claim through the Indonesian National Arbitration Board, whose decision was to reject all of the Company’s claims and to require it to pay arbitration costs. Therefore, the Aceh Regional Development Company promptly filed for the annulment of the decision issued by the Indonesian National Arbitration Board.
The Role of Muslim Women in Waste Management for Sustainable Environmental Conservation in the Coastal Area of Bone, South Sulawesi Nur, Suriani; Utami, Sari; Duraesa, M. Abzar; Yahya, M.; Sohyb, Muh. Nizar
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/qch2xb28

Abstract

The global world is facing environmental and coastal ecosystem degradation, including Indonesia, a region largely comprised of marine and coastal areas that relies heavily on marine ecosystems. This study aims to examine the role of Muslim women in household waste management in coastal areas, framed by Islamic principles of environmental management. Using a mixed method approach, incorporating both Islamic and environmental approaches, data were collected through surveys, interviews, documentation and observation. Interviewees included academics, religious scholars, environmental agencies, the Office of Religious Affairs, and coastal communities. The documents analyzed included legal regulations, articles, and books related to the content of the articles. The study found that Muslim women, as primary educators in their households, play a crucial role in fostering environmental awareness and promoting sustainable waste management practices. Involvement in religious study groups enhances their knowledge and attitudes toward environmental preservation. Islamic teachings emphasizing cleanliness and the obligation to protect the environment serve as fundamental motivations for adopting and promoting environmentally responsible behavior. These collective efforts contribute to the preservation of coastal ecosystems and the advancement of sustainable development goals. Furthermore, effective waste management aligns with Islamic values, positioning it as both a practical environmental initiative and a form of worship.

Page 43 of 45 | Total Record : 446

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