cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota banda aceh,
Aceh
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 553 Documents
 46   47   48   49   50 
The Implementation of PT PEMA's Corporate Social Responsibility in Supporting the Enforcement of Islamic Sharia in Aceh Jafar, M.; Yahya, Azhari; Adli, M.; Mazwar, Mazwar; Alidar, EMK.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): 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.v10.i2.34204

Abstract

This study examines the implementation of Corporate Social Responsibility (CSR) by PT Pema within the legal framework of Aceh’s special autonomy and the application of Islamic Sharia. At both the national and regional levels, Indonesian laws and Acehnese qanun require companies operating in the natural resources sector to undertake CSR initiatives. As a regionally owned enterprise (BUMD) engaged in natural resource management and domiciled in Aceh, PT Pema is legally and morally obligated to implement CSR programs that benefit the surrounding community and environment while aligning with Islamic Sharia principles. However, the implementation of CSR at PT Pema faces various legal and practical challenges, particularly concerning regulatory consistency, governance, and conformity with Sharia values. This research employs an empirical legal approach, analyzed through the lens of Corporate Social Responsibility theory. Primary data consist of laws and regulations governing CSR, relevant Acehnese qanun, and other legal instruments related to the study. Secondary data were obtained through in-depth interviews with key informants, including academics and representatives of PT Pema. The findings reveal that the legal framework governing CSR obligations for PT Pema remains fragmented and, in some respects, contradictory, resulting in legal uncertainty. Nevertheless, PT Pema has continued to implement CSR programs in accordance with applicable legal provisions. Its CSR initiatives encompass religious, social, and economic empowerment programs, including efforts to strengthen Islamic values, enhance religious understanding, and support the construction of places of worship. These initiatives demonstrate that PT Pema’s CSR practices not only fulfill legal obligations but also contribute to supporting the implementation of Islamic Sharia in Aceh.
Dui menre in the Bugis Wedding Tradition: Anregurutta Daud Ismail’s Perspective in Tafsir Al-Munir Junaid, mursalim*; Sah , Moh. Arief; Apriliani, Nelly Ayu; Hafid, Abdul; Rahman , Syahrul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): 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.v10.i2.34273

Abstract

Dui menre/dui balanca is an important marriage tradition in Bugis society that often gives rise to tensions between customary practice and Islamic law, especially when its amount becomes a social and economic burden. This study aims to analyze the response and intellectual position of AGH. Daud Ismail as a prominent Bugis scholar and mufassir towards the Dui menre tradition through his Bugis-language exegesis, Tafsir al-Munir. Employing a qualitative approach, this study draws on the frameworks of hermeneutics and Islamic legal anthropology, in particular, the concepts of al-‘urf (custom) and al-maslahah (public benefit), as analytical lenses. Hermeneutics is used to reveal the meaning contained in Tafsir al-Munir in the socio-cultural context of Bugis society while Islamic legal anthropology is used to study the practice of Dui menre as a local custom. The data were collected through literature review and in-depth interviews. The main source analyzed was Tafsir al-Munir by AGH. Daud Ismail, supported by journal articles, books and other relevant scientific works. In-depth interviews were carried out with a number of informants, including ulama (Islamic scholars) who had studied directly under AGH. Daud Ismail, academics, and religious figures. The findings reveal that AGH. Daud Ismail is of the opinion that the tradition of uang panai is permissible (mubah) based on the principle of al-‘adah al-muhakkamah so long as it does not conflict with the values of sharia and does not cause harm. From the perspective of hermeneutics and anthropology of Islamic law, this interpretation is a symbol of a pattern of integration (tahmil) between adat and sharia through accommodative-critical negotiation based on the principles of assimaturuseng (agreement), asitinnajang (propriety), assicocokong (compatibility), assiwollong pollongeng (close social interaction), and sipakalebbi (mutual respect). This study thus confirms the relevance of Tafsir al-Munir as a model for harmonizing Islamic law and local culture.
Management of Waqf Assets for the Welfare of the Community in the Perspectives of Maqāṣid al-Sharī’ah: A Case Study on Muhammadiyah Institution Sati, Ali; Tambunan, Syafrianto
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.v9i1.11839

Abstract

This article aims to analyze the development of the waqf institution in Indonesia, with a particular emphasis on Muhammadiyah, which has experienced significant advancements in waqf governance and asset consolidation throughout the country. Muhammadiyah, as an organization, holds substantial promise for enhancing waqf in Indonesia, given its strategically important assets that carry significant economic value. Nonetheless, in various areas such as Aceh, West Sumatra, and Makassar, there are obstacles that contribute to the stagnation of the Muhammadiyah organization in terms of waqf governance. This study represents an empirical legal examination employing a maqāṣid al-sharī’ah framework. Information was collected via literature reviews and in-depth interviews with relevant participants, such as Muhammadiyah administrators and waqf managers. This analysis indicates that the Muhammadiyah organization has not effectively managed waqf, as demonstrated by numerous unrecorded waqf assets and various legal disputes. This arises from shortcomings in management, challenges related to human resources, and insufficient collaboration between institutions. The Waqf necessitates a legal framework that facilitates its growth and development, rather than one that imposes burdens. Furthermore, the importance of waqf socialization within the society is essential for the progress of waqf through mainstream media. Considering the principles of maqāṣid al-sharī’ah, Muhammadiyah, as an organization focused on enhancing education, social welfare, economics, and health, has significantly impacted the well-being of the Indonesian people.
Principles of Good Faith in the Reimbursement of Expenses within Oil and Gas Revenue Sharing Agreements in Indonesia Nurarafah, Nurarafah; Kamello, Tan; Yahya, Azhari; Dahlan, Dahlan; Jarnawi, Jarnawi
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.v9i1.14632

Abstract

This study seeks to examine and elucidate the significance of the principle of good faith within the national legal framework, as well as to develop norms pertaining to good faith in the context of operational cost recovery for production sharing contracts in Indonesia's oil and gas industry. This study utilizes a normative legal methodology alongside a legislative framework. The sources of data encompass essential legal materials, including legislation, journal articles, books, and pertinent research reports that contribute to the discourse. The analysis of the data is performed qualitatively through a juridical-philosophical lens, developing arguments rooted in legal philosophy, legal theory, and various legal principles. The findings reveal that the principle of good faith in the operational cost recovery of production sharing contracts in Indonesia is governed at each stage of the contract to safeguard the interests of disadvantaged parties. This regulation addresses the essential principle of good faith that all parties must adhere to in order to guarantee the equitable execution of rights and obligations. In the context of operational cost recovery for production sharing contracts in Indonesia, good faith is characterized by adherence to and compliance with audit results, reflecting a commitment to the proper execution of the business contract's terms. The operational cost recovery system is anticipated to serve as a reimbursement mechanism for expenses associated with oil and gas production.
Exploring Family Resilience through the Lens of Islamic Education and Law: Analysis of Divorce Trends in Banda Aceh City Mardhiah, Ainal; Hayati, Hayati; Umur, Azmil; Saiful, Saiful; Suriana, Suriana
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.v9i1.15984

Abstract

The Aceh Sharia Court documented a total of 6,448 divorce cases in the year 2021. This study employs a methodology that incorporates field studies, observation sampling techniques, interviews, and document reviews. The population consists of all divorce cases recorded at the Aceh Sharia Court in 2021, totaling 6,448. For the sample, the author selected 300 divorce cases from the city of Banda Aceh using the Purposive Sampling technique. The findings indicate that 50% of divorce cases were found among couples with low educational attainment, specifically those who completed elementary school, junior high school, high school, S1, and D3, accounting for 24%. In contrast, only 2% of divorces involved couples with S2 degrees, suggesting that a minimal portion of divorces occurred among those with higher education levels. No divorces occurred among doctoral and professor couples in Banda Aceh City. In 2021, Banda Aceh recorded a total of 300 divorce cases. The primary reason for the divorce stemmed from persistent disagreements. The findings of this study indicate that education significantly influences family resilience; specifically, a higher level of education correlates with a lower divorce rate, while a lower level of education is associated with a higher divorce rate. 
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. 
Students’ Level of Awareness in the Practice of Jinayah Knowledge at Universitas Islam Negeri Alauddin, Makassar: Perspectives from Islamic Law and Islamic Education Shabir Umar, Muhammad; Damopolii, Muljono; Yusuf T., M.; Idham, Idham; Fathurrahman, Fathurrahman
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): 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.v10.i1.19575

Abstract

Law that regulates human activities in daily life is one of the essential aspects to be studied, including Islamic law. This is particularly relevant for students of the Islamic Religious Education Program at the Faculty of Tarbiyah and Teacher Training, UIN Alauddin Makassar, who study fiqh (Islamic jurisprudence), especially jinayah (crime), and are therefore considered to have sufficient understanding and are expected to practice this knowledge in the form of observable behavior. This study employed a mixed-methods approach, combining quantitative and qualitative methods within a single study to obtain a more comprehensive and in-depth understanding of the research phenomenon. The quantitative data were collected from questionnaires, while the qualitative data were derived from interview results and relevant literature related to the research focus. The findings indicate that students’ practice of their knowledge falls within the moderate category, with a percentage of 66.67%. The effectiveness of law enforcement depends on legal norms, legal structures, and legal awareness. In this context, however, legal awareness becomes the primary aspect, as with legal awareness students are able to behave properly without engaging in actions that contradict or violate the law. Therefore, within the context of Islamic law, public awareness, more specifically students’ awareness, serves as the key factor determining whether the law operates effectively or not. In addition, in the context of Islamic education, an individual’s knowledge plays a significant role in shaping legal awareness.
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.
Dispute Resolution Mechanisms in Personal Data Leakages: An Analysis of OJK’s Role and Functions in Indonesia Sautunnida, Lia; Mohamed Zakri, Izura Masdina; Ahmadi, Faisal
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.v9i1.21102

Abstract

Personal data protection currently has a significant impact on the development of the digital economy in every country in the world, including Indonesia, especially in the financial industry. The Indonesian Financial Services Authority or Financial Services Authority (OJK) is the authorized body tasked with protecting financial services customers. However, OJK's regulations, roles and functions are limited and varied and seem ambiguous in protecting customer data. Even though various laws, policies and guidelines have been enforced, leakage or theft of financing customer data still occurs. This study uses a normative legal method with a statutory approach. Data was collected by studying literature in the form of legal rules and regulations, articles and studies related to the research focus. This article concludes that the OJK has not been able to overcome the increasing cases of personal data breaches and has not been able to protect the personal data of its customers. As such, this article aims to analyze the OJK’s role and function in protecting and maintaining the confidentiality of the customers' data. Furthermore, there will be an analysis of dispute resolution mechanisms in personal data leakages due to the lack of knowledge and references regarding the litigation process and its consequences, it is tough to assess the efficiency of the legal actions taken by the financial institution to establish a balance between the use of personal data and the rights of individuals to privacy. This study uses a normative juridical method with a statutory approach and utilizes a literature study. As a result of this analysis and evaluation, it recommends that the Regulation of OJK No. 77/POJK.01/2016 be revised because it is no longer compatible with current financial technology development. 

Page 48 of 56 | Total Record : 553

 46   47   48   49   50 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 9, No 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 2 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 3, No 1 (2019): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 2 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 2, No 1 (2018): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 2 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 1, No 1 (2017): Samarah: Jurnal Hukum Keluarga dan Hukum Islam More Issue