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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 553 Documents
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Theological Impact of Marriage for Religious Minority Families in Bali and Makassar Abbas, Nurlaelah; Mahmuddin, Mahmuddin; A. Samad, Sri Astuti; Samad, Munawwarah
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.v9i1.21130

Abstract

This study seeks to explore the challenges faced by the minority group of Muslim families in Bali and Hindu families in Makassar in practicing their religious beliefs, highlighting the insufficient facilities and community support available to them. They need to put in more effort to uphold the practice of worship, holidays, and fasting. Marriage significantly influences numerous facets of life, encompassing social, emotional, financial, and legal dimensions. The research method employed is qualitative, analyzed through a theological lens. Qualitative analysis techniques rely on qualitative data, which consists of words and is essential for drawing thorough and high-quality conclusions. Data were gathered through comprehensive interviews and a thorough analysis of the literature. The study's findings indicate that for Muslim families in Bali, interactions significantly influence theological aspects related to worship, culture, customs, and social interactions. In Bali, Muslim families experience significant interactions and acculturation, particularly in the realm of marriage, which profoundly impacts theological aspects, including the concept of worshiping God, differing from the beliefs held by the Hindu community in the region. Muslim families hold a belief in one God, whereas the Hindu-Balinese community embraces the existence of multiple gods and goddesses, leading to various forms of worship. Muslim families in Bali enjoy the freedom to engage with other communities, primarily Hindu, just as Hindu families in Makassar do, reflecting the open nature of the people in both regions. Consequently, it will influence inclusive, moderate, and tolerant theology regarding religious differences.
Seulangkȇ as a Model for Enhancing Principal Competence in South Aceh: a Study on the Cultural Approach Effectiveness Maidar, Maidar; Gultom, Syawal; Darwin, Darwin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9i1.22344

Abstract

The impact of culture on learning has been extensively acknowledged by authorities such as Vygotsky. This study aimed to evaluate the efficacy of the Acehnese culture-based training model, Seulangke, and to enhance the competencies of state secondary school administrators in South Aceh Regency, Indonesia. This research employs a qualitative methodology with a cultural perspective. This paper employs a pre-experimental design characterized by a one-shot case study involving 27 principals in South Aceh. Data collection was conducted by testing and paperwork, thereafter analyzed with the t-test method utilizing SPSS version 23. Differences in learning results exist between training participants utilizing the Jigsaw training model (experiment A) and the Seulangkê model (experiment B) among school principals. The study stated that the experimental data indicated a disparity in learning outcomes between experiment A, which yielded a score of 69.63, and experiment B, which achieved a score of 75.00. This indicates that the application of Experiment B (Seulangkê Model) in education is superior to the control Experiment B (Jigsaw Model). The statistical examination of the "t-test" indicates a t-count of -2.887, with a significance level of 5% (95% confidence interval) and 52 degrees of freedom. If the t-count is situated in that region, H0 is dismissed. Consequently, it can be inferred that the learning outcomes of participants in experimental classes A and B regarding principal competence (personality, managerial skills, entrepreneurship, supervision, and social abilities) are not identical or significantly different, indicating that there are disparities in the learning outcomes of the training participants, with experiment B outperforming experiment A.
The Urgency of the Second Amendment to ITE Law from the Standpoint of the Positive Law and Human Rights Hasyim, A. Dardiri; Darsinah, Darsinah
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.v9i1.22656

Abstract

The ITE Law experienced modifications in 2016 with the enactment of Law No. 19 of 2016, which amends Law No. 11 of 2008 regarding ITE. In 2023, the ITE Law will see a reemergence of changes. This article seeks to delve deeper into the pressing nature of these changes through the lens of human rights. This research uses normative legal methods with a legislative approach with a human rights perspective. Data collection through literature reviews relevant to the research focus, including literature reviews, theoretical frameworks, and government regulatory documents. This article concludes that the existing findings show that the proposed amendments are already regulated in existing laws and regulations, thus indicating that there is no urgent need to revise the ITE Law. Out of the seven proposed changes, five hav been addressed in other laws and regulations. If the changes persist, there will be overlapping regulations that could undermine the positive legal framework in Indonesia. At the same time, two proposed changes regarding the consequences of criminal threats and sanctions have been incorporated into the Criminal Code, which was ratified and enacted at the end of 2022 and is set to take effect in 2026. The ITE Law, when viewed alongside regulations from other countries, has strayed from its initial purpose as a protector of electronic activities and has instead become a means of legitimizing criminalization. This clearly indicates that the ITE Law is inconsistent with human rights.
The Possibility of Social Conflict in the Momentum of General Elections in the Sociological Perspective of Islamic Law Misbahuddin, Misbahuddin; Tarmizi, Tarmizi; Rahman R., Abd.; Sapa, Nasrullah Bin; Rahmawati, Rahmawati
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.v9i1.22665

Abstract

The general election contest that is being held is very prone to causing conflict in society. This research aims to identify forms of social conflict, factors that cause social conflict, and the sociological perspective of Islamic law on the vulnerability of social conflict in general elections. So far, social conflict studies in general elections have mostly been studied from a social and norm perspective, but this research tries to look at the vulnerability of social conflict during general elections from the sociological perspective of Islamic law. This research is qualitative research using data obtained from online news. This research found that social conflict during general elections can take the form of arguments or debates and physical conflicts. There are at least three causes of social conflict, namely polarization or negative campaigns, selective fanaticism, and allegations of fraud. Preventing social conflict needs to be carried out using a sociological approach to Islamic law by upholding human rights, being moderate towards differences maintaining the value of balance, and being gentle. This research concludes that the sociological conception of Islamic law can be a solution to resolving social conflicts by prioritizing Islamic values. Therefore, the author suggests the need for government attention to avoid social conflict in general elections. Apart from that, support from religious figures and ulama is needed through counseling and issuing fatwas regarding the prohibition of social conflict in general elections because social conflict can damage relationships and values in society.
Communication and Ethics of Modern Indonesian Business in The Perspective of Islamic Economy Law Saleh, Sadhriany Pertiwi; Cangara, Hafied; Sudirman, Indrianti; Unde, Alimuddin; Putra, Fajar Dwi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9i1.22918

Abstract

As one of the countries with the largest Muslim population in the world, Indonesia exhibits a universal modern business environment where Islamic values are not only religious principles, but also serve as a legal framework and social norms. This research seeks to uncover complex legal and moral dilemmas in business communication in Indonesia. This article uses qualitative methods with a communication approach and Islamic economic law. Data was collected by means of literature study or document analysis. This research found how important the relationship between Islamic ethical rules and applicable legal regulations and religious characteristics is in modern communication in the business world in Muslim-majority countries. Therefore, adopting Islamic ethics in the current business communication process in Indonesia is something that is very urgent. Through ethical and legal stakeholder resolutions, businesses will improve their reputation and build trust with stakeholders, and facilitate sustainable economic development in the country. In the context of Islamic economic law, collaboration between ulama and legal experts is very important for companies in Indonesia as a way to ensure compliance with ethics, increase CSR efforts, conduct sharia compliance audits, and fully engage with stakeholders. This study finds the value of collaboration as an instrument of business sustainability, ethical behavior, and engagement with stakeholders.
The Implementation of the Aceh Special Autonomy Policy towards Poverty Alleviation in Aceh Safaruddin, Safaruddin; Subhilhar, Subhilhar; Humaizi, Humaizi; Kusmanto, Heri; Hasan, Effendi
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.v9i1.23088

Abstract

The outcome of the Helsinki MoU peace agreement between the Central Government and the Free Aceh Movement on August 15, 2005, was the granting of special autonomy funds to Aceh Province. This funding aims to improve Aceh’s welfare and development. However, in reality, the allocated special autonomy funds have not been able to resolve various issues in Aceh, particularly in reducing poverty levels. The present study aimed to analyze the factors contributing to the limited impact of special autonomy funds on poverty alleviation in Aceh. Utilizing a descriptive qualitative approach, this study involved the collection of primary and secondary data. The asymmetric decentralization theory guided the analysis of this phenomenon. The findings reveal that the special autonomy funds allocated to Aceh Province by the central government have demonstrated a limited impact on poverty alleviation within the region. This can be attributed to several key factors: the absence of a grand design master plan, formalized through a Qanun, for the general allocation fund by the Aceh government; the lack of prioritization of poverty alleviation within the special autonomy budget allocation; and the issue of misappropriation of special autonomy funds in Aceh (corruption).
Centralization and Decentralization of Zakat Management in Lontara' Sukku'na Wajo, South Sulawesi: Philological Approach Ilyas, Musyfikah; Ilyas, Husnul Fahimah; Arafah, Sitti; Idris, As. Rakhmad; Bahri, Saeful
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 1 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9i1.23996

Abstract

This article aims to examine the centralization and decentralization of the zakat management system at Lontara Sukku'na Wajo.. The research method used in this article is based on the Lontara’ Sukkuna Wajo (LSW) manuscript as the primary data source. This manuscript describes religious practices, especially zakat management system in the past. The data were studied using a philological approach through these methods: transliteration, translation, and interpretation of text and context related to zakat, then relating them to the present. This research found that there are relevances between LSW manuscripts and religious practices that developed in the community in the past and present, especially regarding the centralization and decentralization of zakat management. The centralization system of zakat management in LSW is marked by the absence of Friday prayers in the area and the incompleteness of Sara’ officials so the zakat management system must be centralized and follow the areas with complete Sara’ equipment, so they must pay their zakat in the Wajo Kingdom.  Meanwhile, the decentralization system of zakat management can be implemented if the community order in the region is complete, marked by the holding of Friday prayers and complete Paréwa Sara’ (officials in charge of handling religious matters). The Paréwa Sara’ consists of Kali, Katte’, Amele’ (or an amil), Pangulu Limpo, and Bilala. Friday prayers and the completion of the Paréwa Sara’ became a measure in establishing a legal product at that time. A well-established region was considered capable of managing itself. If it is manifested in the present condition, then zakat management institutions or organizations that have been accredited in their fields are considered capable of managing their own zakat assets under their authority.
The Theological-Academic Resilience of Muhammadiyah in Receiving The Value of The Quran and Hadith During the COVID-19 Pandemic at Al-Azhar University, Egypt Danarta, Agung; Sayed, Fadwa Aly; Pradana, Mahatva Yoga Adi; Aulia, Aly
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/vzhq2k40

Abstract

The COVID-19 pandemic was a major challenge for the entire world, prompting varied religious and social reactions among Muslim communities. In Indonesia, Muhammadiyah showed a lively and adaptable response through providing theological guidance, engaging in humanitarian efforts, and transforming education during these difficult times. This study explores how Muhammadiyah students at Al-Azhar University responded to the pandemic, focusing on how they embraced Qur’anic and Hadith values. Using a qualitative, descriptive-interpretive approach rooted in Living Qur’an and Hadith studies, the research gathered data from documentation, observations, and detailed interviews with six key individuals including Indonesian students and leadership at Pimpinan Cabang Istimewa Muhammadiyah Mesir. The results highlight two main ways Muhammadiyah communities received religious messages during the pandemic: exegetical and functional reception. Exegetically, Muhammadiyah tended to focus on Qur’anic verses and Hadiths that view disasters as tests from Allah that call for patience, rational effort, solidarity, and social responsibility rather than seeing them as divine punishment or doom. This interpretation shows Muhammadiyah’s thoughtful approach to Islamic teachings, guided by Manhaj Tarjih, which blends scriptural insights with scientific and humanitarian considerations. Functionally, these religious insights translated into tangible social actions, such as health campaigns, online education, social aid, and organizational efforts coordinated through the Muhammadiyah Covid-19 Command Center (MCCC). Muhammadiyah’s guidance helped Indonesian students in Egypt stay balanced between religious devotion, scientific awareness, and social ethics during the pandemic. Overall, this study enriches Islamic studies, especially Living Hadith studies, modern Islamic jurisprudence, and the understanding of Islamic organizations like Muhammadiyah and Nahdlatul Ulama in their responses to worldwide humanitarian crises.
Khanduri Blang in Aceh: Construction of Islamic Law with Qawa’id Fiqhiyyah Approach Suparmin, Sudirman; Lubis, Asmuliadi
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.v9i1.25044

Abstract

This study aims to analyze the practice of the Khanduri Blang ritual in Samuti Makmur Village, Bireun Regency, Aceh Province from the perspective of Qawa’id Fiqhiyyah. The Khanduri Blang ritual is a religious tradition that involves a series of activities; offerings, and prayers carried out by the Acehnese people in order to commemorate or celebrate an event. This study uses a qualitative approach, data were collected through in-depth interviews, observations, participation and analysis of the Khanduri Blang ritual text. The results of the study show that principles such as mashlahah (benefit), mafsadah (badness), istihsan (virtue), and urf (tradition) in Qawa’id Fiqhiyyah are the basis for assessing the suitability of the ritual with Islamic values. In addition, the Khanduri Blang ritual is not only a series of religious activities, but also a manifestation of how the principles of Qawa’id Fiqhiyyah are rooted in the religious and cultural practices of the Acehnese people. The implications of this study provide a deeper understanding of the relationship between religion, culture and Islamic legal principles in a society.
History of the Development of Mażhab, Fiqh and Uṣūl Al-Fiqh: Reasoning Methodology in Islamic Law Anshori, Ahmad Yani; Abdurrahman, Landy Trisna
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.v9i1.25355

Abstract

This research explores the historical evolution and significance of Uṣūl Al-Fiqh (the principles of Islamic jurisprudence) and its continued relevance in contemporary Islamic scholarship. Beginning in the second century A.H. (8th century CE), jurists developed legal rulings from the Qur'an and Sunnah using methods such as analogy (qiyās) and juristic preference (istiḥsān), ensuring flexibility and justice within Islamic law. The formalization of Uṣūl Al-Fiqh as a distinct science commenced with Imam al-Shafi'i in the early 9th century CE, whose systematic documentation in al-Risalah profoundly influenced subsequent Islamic legal theory. The methodologies developed within Uṣūl Al-Fiqh, including qiyās and ijmā’, remain vital for interpreting and applying Sharia principles today. This research employs a historical approach, analyzing primary sources and scholarly works both theoretically and empirically, to trace the development and application of Uṣūl Al-Fiqh across various Islamic legal schools. The findings highlight the crucial role of Uṣūl Al-Fiqh in maintaining the continuity and adaptability of Islamic law, emphasizing that its methodologies continue to offer valuable solutions to contemporary legal, ethical, and social challenges. Furthermore, this study reveals how the dynamic and evolving nature of Islamic legal reasoning ensures the continued relevance of Islamic law in addressing modern issues. Future research should focus on finding solutions to emerging challenges in Islamic jurisprudence and developing innovative methodologies to address the ongoing evolution of Islamic legal thought.

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