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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 Role of Women in Politics in Indonesia: Critical Review of Islamic Law Aslati, Aslati; Rahman, Rahman; Silawati, Silawati; Hardani, Sofia; Albahi, 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/dqmjva57

Abstract

The role of women in politics in Indonesia continues to be a relevant topic in social and religious discourse. Although women's participation in politics has increased since the reform era, their representation is still far from the ideal proportions. This phenomenon raises various questions about the obstacles faced by women, especially in the context of a strong patriarchal culture and religious interpretations that often limit women's space for movement. This study aims to analyze the role of women in Indonesian politics through a critical review of Islamic Law. This study uses a qualitative method with a descriptive-analytical approach. Data were collected through literature studies involving classical and contemporary Islamic literature, relevant laws, and empirical data related to women's participation in Indonesian politics. The results of the study show that normatively, Islam provides space for women to contribute in the public sphere, including politics, by emphasizing the principles of justice and equality. However, its implementation in the Indonesian context is still influenced by conservative religious interpretations and unsupportive social structures. In addition, factors such as lack of access to political education, gender stigma, and lack of institutional support also reinforce these barriers. This study recommends a more inclusive reinterpretation of religious texts and the strengthening of affirmative policies to increase the role of women in politics. With this effort, it is hoped that a fairer and more participatory political ecosystem will be created, in line with Islamic and democratic values. 
Family Dynamics and Social Cohesion in the Intermarriage of Indonesian Muslims in Australia: Revalidating Ibnu Khaldun’s Theory of Asabiyyah Wardatun, Atun; Ali, Jan A.; Firdawaty, Linda; Maghfurrohmah, Maghfurrohmah
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/dbj7dm60

Abstract

This paper examines the practice of intermarriage, between Indonesian Muslims and non-Indonesian converted Muslims living in Australia. Very little is known about this intermarriage phenomenon and its internal dynamics and patterns of social interaction. Building on Ibn Khaldun’s concept of asabiyyah (group solidarity) that intermarriage can be understood as an intimate link between social groups leading to social cohesion, the paper argues that intermarriage decreases the salience of cultural distinctions and couples and in-group members lose the negative attitudes they may have had toward the out-groups.  The research is an empirical study which was conducted through in-depth interviews with 12 married couples, focus group discussions, and observations and yields two key conclusions. First, varying levels of challenges specifically favourable, mildly demanding, moderately trying, and highly challenging establish family dynamics in which the dual-integrated approach to family resilience is enacted. Social circles strongly influence the religious commitment and faith of mixed marriage families, presenting the most problematic distinctions to address.  Second, the social cohesion they formed is diverse and strengthens across generations, which impacts  on the social and cultural identities of the future offspring who will end up with mixed or multi-ethnic origins. Thus, this article argues that the intermarried partners, although were from different social, cultural, and ethnic,  backgrounds,  demonstrably shared some common values and aspirations which acted as building-blocks for unity and contributed to in-group and out-group social cohesion.
Sompa and Doi Menre in Bugis Bone Marriage and Its Settlement in the Religious Court from the Perspective of Maslahah Asni, Asni; Tarmizi, Tarmizi; Arisyanti, Arisyanti; Kurniati, Kurniati
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/r4qw6859

Abstract

This study aims to examine the implementation of sompa (dowry or mahr) and doi menre (customary expenditure) and its dynamics in the Bugis Bone community and the problems of its cases in religious courts reviewed from the perspective of Islamic legal maslahah. The study uses empirical legal methods analyzed with the theory of maslahat. Data collection through interviews with several informants in Bone district and document review. The informants interviewed were religious figures, academics and the Bone community, the documents reviewed were the decisions of the Watampone Religious Court related to sompa and doi menre, articles and books and various studies related to the focus of the discussion. The results of the study found that until now the Bugis Bone community still adheres to the dual obligations of sompa (dowry) and doi menre (spending money) in every marriage. However, doi menre as a customary obligation seems to be more prioritized than sompa which is a religious obligation. However, on the other hand, there have also been many shifts that indicate negotiation, investment and transformation so that the implementation of sompa and doi menre seems very dynamic in the social development of Bugis Bone today. Likewise, in the resolution of sompa and doi menre cases in the Religious Court which sometimes accompany divorce cases, it has its own problems that require the creativity of judges in resolving them. From the perspective of maslahah, the dynamics in sompa and doi menre including its resolution in religious courts must be directed towards realizing maslahah and preventing harm so that its existence can remain in line with the positive values ​​that are the goal of Islamic law.
Model of Collaboration Between Sharia Microfinance Institutions and Banking Institutions: A Solution to the Scale Gap in Financing for Microenterprises in Indonesia Junaidi, Heri
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/wma4zv39

Abstract

Various laws and regulations, as well as Islamic law, have provided a lot of information about the collaboration model in the financial sector, including the issue of scale gaps in the financing of Islamic Microfinance Institutions that are inadequate to support the development of ultra-micro and micro small businesses that are growing in their neighborhoods. This study examines the collaboration model of Islamic microfinance institutions that have limited capital and service coverage in supporting microenterprise development in Indonesia, while Islamic banking institutions are more oriented towards financing middle and upper-class business groups. This study aims to identify an effective collaboration model that is able to bridge the gap between the financing of Islamic microfinance institutions and Islamic banking institutions, then provide a design of a collaboration strategy that is sustainable and consistent with sharia principles to strengthen the sharia-based microfinance ecosystem. The method of this study is descriptive-exploratory qualitative, with secondary sources of data from various online media. Data collection techniques through literature studies, analysis was carried out, including data reduction, data presentation, verification, and conclusion drawing. The results of the study show that the development model of collaboration between the financing of Islamic microfinance institutions and Islamic banking in resolving the scale gap has shown a new perspective that complements the current approach. Based on this, it is necessary to modify what has been developed in the form of a productive-independent collaboration theory, where the theory is an effort to minimize the impact of microenterprises' financing dependence on Islamic Banks, which causes loss of independence. The offer is also balanced with comprehensive cooperation management, with justice and benefits for all.
Drivers of Child Marriage among Rohingya Refugees in Malaysia Samuri, Mohd Al Adib; Mohd Awal, Noor Aziah
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/ntsxet30

Abstract

Child marriage is a significant issue among refugee populations, often driven by instability, migration, and poverty. This study aims to explore the drivers of child marriage within the Rohingya refugee community in Malaysia, addressing a research gap that has primarily focused on refugees from other countries. A qualitative methodology was employed, consisting of semi-structured interviews with 20 Rohingya males and females who married before the age of 18 in Malaysia. The study found that poverty, limited access to education, and bride trafficking were the main factors leading to child marriage. Many Rohingya families viewed marriage as a way to reduce financial burdens, and bride trafficking to Malaysia for marriage was identified as a concerning practice that requires urgent intervention. The significance of this study extends beyond Malaysia, calling for both international and domestic authorities to address child marriage in refugee contexts and propose targeted interventions, such as improving access to education and dismantling bride trafficking networks.
Maqashid Based Quránic Interpretation: An Inclusive Approach for the Millenial Generation Said, Hasani Ahmad; Mukri, Moh; Anggriani, Jum; Wakhid, Ali Abdul
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/pdjqc552

Abstract

This study develops a maqashid-based inclusive Qur'anic interpretation framework specifically designed for the millennial generation, addressing the significant decline in Qur'anic literacy among young Muslims. The research employs a qualitative approach utilizing library research methodology, integrating hermeneutic analysis, content analysis, and comparative analysis to examine classical maqashid literature and contemporary interpretation challenges. The maqashid al-shariah approach, emphasizing the five essential objectives of preserving religion, life, intellect, lineage, and wealth, provides the theoretical foundation for developing interpretation methods that are both theologically authentic and contextually relevant. The mashlahah (public interest) framework serves as the primary evaluative mechanism for assessing the effectiveness and appropriateness of contemporary interpretation approaches. Results demonstrate successful integration of classical Islamic principles with millennial learning preferences, addressing challenges including digital misinformation, psychological compatibility, gender inclusivity, and cultural diversity. The framework provides systematic solutions for quality control in digital Islamic education, algorithmic bias mitigation, and the development of engaging yet scholarly interpretation content. Implementation guidelines offer practical approaches for educators and institutions to adopt maqashid-based interpretation methods effectively. The study confirms that Islamic teachings remain suitable for all times and places (al-Islam shalih li kulli zaman wa al-makan), demonstrating how Qur'anic interpretation can evolve methodologically while preserving essential principles. This research contributes significantly to Islamic educational theory, providing innovative approaches that maintain scholarly rigor while addressing contemporary generational needs and challenges.
Exploring Muslim Perceptions of Apostasy and Religious Freedom in Islamic Law: An Empirical Study in Sri Lanka Long, Ahmad Sunawari; Rufaida, Rajudeen Fathima; Saujan, Iqbal; Razick, Ahamed Sarjoon; Beevi, Hakeema
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/pz734h02

Abstract

Freedom of religion is a fundamental principle in the Universal Declaration of Human Rights (UDHR). However, some international human rights activists argue that Islam does not emphasize religious freedom. Despite this claim, historical accounts indicate that the prophetic tradition ensured religious freedom. While various studies have explored apostasy, they often overlook the perceptions of both Muslims and non-Muslims. Sri Lanka is a diverse country with multiple ethnic and religious groups and has experienced significant clashes over the years. Recognizing differences in views on apostasy among Muslims, this study examines their perceptions regarding religious conversion and its consequences in relation to Islamic legal norms derived from the Quran, Sunnah, and existing literature. The study focuses on the Kurunegala district, a region with a large pluralistic society. Using the Krejcie and Morgan sample selection table, 84 participants were selected, and self-administered questionnaires were used for data collection. The data were analysed using SPSS version 26. Additionally, research articles, books, and web publications were reviewed to construct a conceptual framework. The findings reveal that 78.9% of participants agree that Islam upholds religious freedom, while 16.1% disagree. A majority (78.5%) are unaware that Islam does not criminalize conversion under coercion, which contradicts Islamic teachings. Furthermore, 62.8% believe that individuals who convert from Islam to another religion should be punished, even if they do not harm the Muslim community. This study highlights the need to address misconceptions about apostasy among Sri Lankan Muslims, particularly in the Kurunegala district. It aims to contribute to strategies for reducing these perceptions and promoting a clearer understanding of Islamic teachings on religious freedom.  
Family Harmony and Quality of Life: A Personal Relationship Approach of Gabriel Marcel in the Age of Social Media Networks Ardi, Mohammad Noviani; Nizar, Muchamad Coirun; Maharani, Septiana Dwiputri; Menoh, Gusti A.B.; Rosyid, Abdul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (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/epnem321

Abstract

Social media represents one of the most widely utilised platforms across the globe. This medium provides numerous conveniences for individuals to interact with one another, whether in close proximity or at a distance, among acquaintances and strangers alike. However, these conveniences do not invariably yield positive outcomes; rather, they can also entail significant disadvantages. A pressing concern is that a considerable number of cases of marital discord in Indonesia can be attributed to infidelity facilitated by social media. This study aims to assess the impact of social media usage on the quality of life and marital harmony among families in Semarang. The methodology employed in this research is quantitative, with the subjects comprising married couples residing in Semarang. Data collection was performed via a survey, utilising questionnaires administered to 131 respondents in the area. Data analysis was conducted through validity tests, reliability tests, and regression analysis employing SEM PLS software. The data was subsequently examined through the framework of Gabriel Marcel's philosophy of humanity. Marcel's philosophy is pivotal in reinstating fundamental values that define human relationships, thereby ensuring that marital connections are not merely mechanical and technocratic. This study demonstrates a significant influence of social media usage on marital harmony among families in Semarang. Consequently, collaboration among various stakeholders is essential to raise awareness regarding the paradoxes associated with social media usage. Furthermore, it is imperative to enhance couples’ understanding of the purpose of marriage and how spouses can adapt to technological advancements to ensure that family resilience remains robust. This study is positioned at a technology readiness level (TRL) of 3, involving the development of a conceptual model aimed at improving marital harmony.
Scrapping Menstrual Blood Stains According to South Sulawesi Ulama and Intellectual from Perspective of Ma‘āni-Ḥadīth Ali, Muhammad; Risdahyanti, Risdahyanti; Khaerah, Silfi; Asmullah, Asmullah; Fatmal, Abd. Bashir
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (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/nbvyjv53

Abstract

Scrapping menstrual blood stains is prescribed as a way to purify clothing contaminated by menstrual blood. This research explores the rulings on scraping menstrual blood stains from the perspectives of female ulama and intellectual in South Sulawesi, viewed through the lens of maʻānī al-hadīth. This study employs a qualitative library research approach, utilizing maʻānī al-hadīth. Data is gathered from hadith collections that discuss the practice of scraping menstrual blood stains. Interviews were conducted to gain additional perspectives from ulama and intellectuals in South Sulawesi. The results indicate that a contextual analysis of hadith reveals an injunction to purify clothing affected by menstrual blood, specifically by scraping off the residue adhering to the fabric. According to the ulama and intellectuals of South Sulawesi, a contextual understanding of hadith related to scraping menstrual blood stains permits the use of cleaning agents, such as detergents, to maximize efforts to clean stains or menstrual blood that adheres to the fabric. Furthermore, if the stain is irremovable, the fabric or clothing may be used for prayer, demonstrating a leniency in religious practice. In the context of maʻānī al-ḥadīth, a textual understanding can create a rigid legal character, potentially diminishing the universal message of the hadith, while a contextual approach can reveal substantive values that remain relevant in modern society.
Ethics, Law, and Educational Democratization: Shaping Islamic Cultural Behavior of Students in Sultan Hasanuddin Islamic Boarding School, Gowa, South Sulawesi Yahdi, Muhammad; Rusmin B, Muhammad; Fadliyah, Syakilah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (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/fqsfd065

Abstract

This study aims to examine the forms and dynamics of the democratization of learning at Pesantren (Islamic Boarding School) Sultan Hasanuddin Gowa from the perspectives of ethics and law, with the goal of fostering Islamic cultural behavior. The main focus is to explore how the democratization of education, within the framework of legal and ethical understanding, contributes to the formation of Islamic cultural values. Utilizing a phenomenological approach, the study collected data by means of observation, interviews, and documentation. Findings reveal that ethical and legal standards regulate the relationships and interactions among students as well as between students and institutional administrators in order to create a peaceful, stable, and harmonious pesantren environment. Ethics guide students to act in accordance with accepted social and moral norms, while legal principles help prevent actions that may lead to legal consequences. Thus, ethics and law are two complementary components in shaping healthy and sustainable Islamic cultural behavior at Pesantren Sultan Hasanuddin Gowa. Cultural values can develop into ethical norms that may later be formalized into law. Islamic culture serves as the foundation of Islamic civilization, built upon key elements such as tauhid (belief in the Oneness of Allah SWT), akhlaq (morality and ethics), and knowledge. Islamic culture and civilization encompass aqidah (creed), sharia (Islamic law), and muamalah (social transactions), which together reinforce educational strength, ethical-legal principles, and social cultural order. Democratic learning enables students to internalize ethical values derived from Islamic teachings, i.e., values that have been deeply rooted and practiced throughout the history of Islamic civilization.

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