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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 553 Documents
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Complete Family Construction for Working Wives in Indonesia and Australia Nasution, Khoiruddin; Ocktoberrinsyah, Ocktoberrinsyah; Mousa Alzaki, Syah 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.v9i1.25840

Abstract

Traditional norms in households often assign domestic roles to wives. However, as more wives enter the workforce, these traditional norms must be restructured to foster family resilience. This article presents field research involving 100 working wives in Indonesia and Australia, supplemented with in-depth interviews and Focused Group Discussions (FGD) with 20 working wives and husbands. The collected data were analyzed descriptively using structural-functional theory. The study reveals contrasting dynamics in family responsibilities and the treatment of working wives in Indonesia and Australia. In Indonesia, traditional norms often confine wives to domestic roles, resulting in double burdens and systemic inequality, including domestic violence. In contrast, Australia promotes a more egalitarian approach, supported by strong legal frameworks and a social culture that encourages cooperation in balancing domestic and professional obligations. The study emphasizes that for family balance and stability, both working husbands and wives must respect and collaborate in fulfilling all family roles and functions. These roles should be carried out flexibly, free from rigid gender stereotypes, which is a key to the success of families with working wives. Furthermore, the research highlights the importance of legal reforms and cultural shifts in promoting family equality and preventing domestic violence.
Environmental Protection for Sustainable Development: A Study of the Pilkada Debate in Aceh from a Legal Policy Perspective Efendi, Efendi; Zuhri, M.; Salsabila, Syifa
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.v9i1.25890

Abstract

Environmental protection is a very important issue in the Sustainable Development Goals (SDGs) including Indonesia. Because the main requirement for development is based on maintained natural resources such as clean and affordable energy, handling climate change, marine and terrestrial ecosystems. However, the global environmental crisis with uncertain climate change threatens the future of the world and humanity. The purpose of this study is to determine whether environmental protection for sustainable development can be accommodated in legal policies through the 2024 Aceh Pilkada debate. This study uses an empirical methodwith a legal policy approach. Data were collected by means of literature studies and interviews, the literature reviewed was laws, regulations, journal articles andbooks related to the focus of discussion, while the informants interviewed were members of the House of Representatives and the Environmental Service. The results of this study conclude that environmental protection for sustainable development is something that is very urgent. Because sustainable development in the future is largely determined by how seriously the state maintains its environment inIndonesia. Furthermore, environmental issues in Aceh are complex problems thatrequire comprehensive and sustainable solutions that can be implemented in government policies. In the context of legal policy, the role of the government asthe main actor in implementing legal regulations, supported by the active participation of all stakeholders, and influencing the legal behavior of the community and the private sector, is very necessary to realize Aceh in sustainable development.
Gender, Sufism, and Qur’anic Exegesis: Perceptions of Women’s Leadership within Sufi Orders in South Sulawesi Damis, Rahmi; Nurbaethy, Andi; Arsyad, Aisyah; Matsyah, Ajidar; Lahmuddin, Fakhruddin
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.v9i1.26145

Abstract

This study focuses on two key areas: the interpretation of Qur’anic verses regarding women’s leadership and its implementation within Sufi orders (tariqa) in South Sulawesi. The central question explored is how Sufi orders interpret these verses through a gender lens. To answer this question, a qualitative methodology employing interpretive and gender studies approaches was used. Data were collected through interview and literature review. The results of the research show that the perceptions of tarekat followers in South Sulawesi regarding the interpretation of verses regarding women's leadership in the public sphere. Some interpretations, based on Surah At-Tawbah [9:71], allow for women’s leadership by defining “awliya” as leaders, allies, and advisors, suggesting that both men and women can assume leadership roles if they possess the necessary competencies. Conversely, others, citing Surah An-Nisa’ [4:34], restrict women’s leadership. However, a closer examination indicates that Surah At-Tawbah [9:71] is a more general verse, while Surah An-Nisa’ [4:34] is context-specific, referring primarily to domestic matters. The implementation of leadership within Sufi orders is generally not at odds with these interpretations. In the public sphere, women have equal rights to men, including the right to vote and be elected. Moreover, there is no gender distinction in the concept of becoming a waliyullah, as exemplified by Rabi’ah al-Adawiyah. However, women have not yet assumed the role of murshid (spiritual guide) within Sufi orders due to several factors, including the historical precedent of male prophets and the physical and spiritual demands of the role. However, from a gender perspective,  women often hold the position of khalifah (spiritual deputy) assisting the murshid in teaching and even coordinating regional activities.
Justice and Qiṣāṣ in Islamic Law: The Views of Muslim Scholars and Intellectuals at Makassar City, South Sulawesi Halimang, ST; Ridhwan, Ridhwan; Sakdiah, Sakdiah
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.v9i1.26164

Abstract

Qiṣāṣ is a legal provision (for those who commit premeditated murder or unlawful acts) that is ontological-theological in nature, which prioritizes justice in the maqāṣid al-sharī'ah paradigm. This form of justice is oriented towards the welfare of humanity while still recognizing the rights and responsibilities of the perpetrator and (family) of the victim. However, qiṣāṣ is often considered barbaric, cruel, and not in accordance with modern human rights standards. Based on this view, it is necessary to study the meaning of justice in qiṣāṣ, according to Muslim scholars and intellectuals in Makassar, South Sulawesi. This study attempts to discuss the construction of the meaning of justice in the law of qiṣāṣ in line with the principles of Islamic law. To answer this, an empirical research method is used with the maqāṣid al-sharī'ah approach. Data were collected through in-depth interviews with informants such as Muslim scholars and intellectuals. The research findings show that qiṣāṣ justice actually fulfills the principles of justice as contained in Islamic law and is in line with theological and sociological dimensions. Qiṣāṣ is applied with a balanced axiological orientation, adhering to the principles of justice. However, the application of the law is hierarchical and depends on the reasons (or motives) for the adjustment. This means that qiṣāṣ is the maximum punishment that can be applied if the evidence of premeditated murder or unlawful association is conclusive and beyond doubt (syubhat). Conversely, if the evidence has strong reasons (such as preventing harm) or is uncertain (syubhat), then the minimum punishment -diyat (financial compensation) - can be applied. In the maqāṣid al-sharī'ah perspective, qiṣāṣ punishment does not only contain the values of justice and welfare because it can save and protect the lives of other humans from someone's evil intentions to kill, so that the goal of Islamic law for the welfare of humanity can be achieved.
Implementation of the Eco-Metaverse in Indonesia: Sharia Economic Perspective Insawan, Husain; Alwahidin, Alwahidin; Kira, Horiacheva; Putri, Azzahrah Insawan
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.v9i1.26262

Abstract

This article discusses the implementation of the eco-metaverse in Indonesia, with a focus on the economic aspects of the metaverse. This article begins by providing an overview of the metaverse concept and its potential impact on various sectors, including education, commerce, and entertainment. Then, this article examines the principles of metaverse economics, such as the concepts of values, principles and norms, and how these concepts can be applied in the context of the metaverse. This research uses a qualitative research paradigm with a sharia economic approach. Data and information were collected through interviews, literature studies and focus group discussions (FGD). The condition of the eco-metaverse in Indonesia has begun to develop, although it is not yet running optimally. Several ways of using the Metaverse that can be considered in the context of sharia economics are Education and Knowledge, Communication and Empowerment, Economics and Business, and Socio-Cultural Life. Eco-metaverse development can be carried out through the waqf and syirkah application model on the sharia banking platform in the metaverse. Apart from that, another model being developed is a platform for selling MSME products through metverse where sellers and buyers can interact directly virtually. Based on the results and discussion in this research, it is highly recommended to; Explaining sharia-based eco-metaverse applications. There is a need for sharia-based eco-metaverse education, so that more and more people build or join the eco-metaverse. In implementing a sharia-based eco-metaverse, institutions are needed that oversee the consistent application of sharia principles in a transparent and interconnected eco-metaverse.
Sunni Islamic Thought and the Development of Religious Tolerance in North Maluku: Perspective of Sufism and Maslahah Giling, Mustamin; Thalib, Abdullah; 'Ulama' I , Khaerul Asy'aey; Alhadar, Muhdi; Santalia, Indo
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.i1.26267

Abstract

Indonesia is home to the world’s largest Sunni Muslim population, where Islam historically developed within the framework of ahl al-sunnah wa al-jamā‘ah, grounded in the creeds of al-Ash‘ari and al-Maturidi, the four Sunni schools of jurisprudence, and classical Sufism. This study examines the role of the Sunni tradition in fostering interfaith tolerance in North Maluku. Employing a qualitative approach, the research draws on field observations, in-depth interviews, and literature analysis, and is analytically informed by Sufi perspectives in Islamic thought and the concept of maṣlaḥah (public welfare) in Islamic law. The findings reveal that the Sunni tradition, particularly through its Sufi teachings, promotes a balanced model of religious moderation that integrates firm theological commitment with social openness. In Indonesia, Sunni Islam has played a significant role in nurturing interfaith tolerance not only at the theological level but also across social, cultural, and political dimensions, both conceptually and in everyday practice. In North Maluku specifically, from the era of the sultanates to the present day, the Sunni tradition has consistently contributed to harmonious interreligious relations, positioning religion as a source of universal compassion. As the majority religious orientation, Sunni Islam advances moderate teachings that encourage peaceful coexistence, as reflected in Sufi ethics and Shafi‘i jurisprudence, which emphasizes the pursuit of social welfare. Consequently, the Aswaja tradition has profoundly shaped Indonesian Islam as an inclusive, humane, and socially responsive religious expression.
Utilizing Waqf in Enhancing Islamic Finance Contributions for Overcoming Research and Innovation Funding Challenges in TVET Education Sector Kamarzaman, Norshahira; Ahmad, Azlin Alisa; Muda, Mohd Zamro
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.v9i1.26381

Abstract

Waqf, Islamic perpetual charitable trusts, established in accordance with Sharia principles, have emerged as formidable financial instruments for sustaining diverse socio-educational initiatives throughout Malaysia. Technical and Vocational Education and Training (TVET), forming a critical component within the educational ecosystem, serves a fundamental function in developing skilled labor resources and responding to evolving industrial requirements. Financial limitations, especially regarding research advancement and innovation activities, present considerable obstacles for institutions delivering TVET programs, impeding technological progress and overall education quality. This investigation examines Islamic endowments as a strategic solution embedded within Islamic economic frameworks to address these financial constraints affecting research initiatives and innovation domains within TVET. By consolidating information from diverse sources, including scholarly articles, reports, and statistical analyses, this paper elaborates on the waqf concept in Islam, examines its contribution to economic development in Malaysia, and explores its potential as an innovative funding source for TVET research and innovation. The study also addresses management challenges associated with waqf assets and compares waqf with traditional educational endowments. The research findings underscore the critical importance of Islamic perpetual endowments as a strategic financial reservoir capable of mitigating resource deficiencies in Technical and Vocational Education research and innovation spheres, consequently strengthening human resource development while simultaneously advancing Islamic economic paradigms toward enhanced sustainability and broader inclusiveness. The findings of this study hold significant relevance for Indonesia, offering valuable insights into leveraging waqf for educational development in the world's largest Muslim-majority country, where TVET plays a crucial role in workforce development and economic growth.
Protecting Islamic Users In E-Payment Transaction: The Islamic Perspective Abdul Razak, Nurul Asikin; Ahmad, Shofian; Zakaria, Zamzuri
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.v9i1.26391

Abstract

 Vulnerability of Islamic users in e-payment transactions, including risks related to fraud, privacy breaches, and ethical violations. These concerns arise due to the rapid digital transformation and the evolving landscape of financial technologies. In today's digital era, electronic payment (e-payment) systems play a pivotal role in facilitating transactions across global economies. However, alongside their convenience, e-payment systems present significant challenges related to security, privacy, and ethical considerations, particularly when viewed through the lens of Islamic finance. The objective of this study is to examine how Islamic principles can guide the development and implementation of e-payment systems to protect users effectively. It aims to identify key principles from Islamic finance that can enhance security, ensure fairness, and uphold ethical standards in e-payment transactions. This study adopts a qualitative research method, focusing on documentation and secondary sources, by examining and analyzing users protection in e-payment transactions from an Islamic perspective. Through an analysis of Islamic financial principles such as transparency, fairness, security, and ethical conduct, this paper finds that integrating these principles into e-payment systems can mitigate risks and enhance user confidence. Moreover, avoiding uncertainty (gharar) and gambling (maysir) in e-payment transactions underscores the importance of clear and non-speculative terms. The implications of this study are significant for stakeholders in the e-payment industry, including financial institutions, regulatory bodies, and policymakers. By aligning e-payment practices with Islamic ethical norms, stakeholders can foster trust among Islamic users, enhance regulatory compliance, and promote sustainable economic development. This paper underscores the importance of integrating Islamic ethical principles into e-payment systems to ensure the protection and welfare of Islamic users.
Religious Moderation, Pela Gandong and Jihad Reconstruction: Conflict Prevention in Maluku from the Perspective of Maqāṣid Al-Sharī'ah Arsyad, Azman; Daud, Mahmuddin; Idris, Aisyah
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.v9i1.26416

Abstract

This article analyzes religious moderation, pela gandong, and the reconfiguration of jihad to prevent war in Maluku. Conflict avoidance has been viable through a sophisticated understanding of religion, utilizing cultural mechanisms like pela gandong. The research utilized an empirical methodology analyzed via the framework of maqāṣid al-sharī'ah theory. Data were obtained through extensive interviews and literature reviews to guarantee accuracy. The interviewed participants were individuals impacted by the war, community leaders, religious figures, scholars, and female leaders. The study concluded that the violence in Maluku was initially triggered by economic imbalances impacting social, political, and religious aspects. Moreover, the Maluku community throughout the conflict was regarded as a battleground, influenced by external group dynamics. Conflict prevention in Ambon can be accomplished by constructively reinterpreting jihad, fostering religious moderation, and revitalizing culture through pela gandong. Pela gandong is a tradition that strengthens social ties, highlighting a commitment to mutual respect, collaboration, and the maintenance of harmonious relations between two community groups, so promoting reconciliation and peace-building efforts. In the context of maqāṣid al-sharī'ah, which asserts that the aim of the Islamic law is to provide substantial advantages to humanity, the integration of culture and the precise interpretation of jihad is essential. Consequently, within the realm of Islamic jurisprudence, a contextual interpretation of jihad will provide a more beneficial comprehension than a textual examination. The basic purpose of Islamic law is to establish peace and harmony while preventing conflict within society.
Integration of Absolute Assignment in the Takaful Industry and its Implications on Islamic Estate Planning Abdullah, Muhamad Muizz; Mohd Arif, Mohd Izzat Amsyar; Abd Manaf, Aiman Amalina; Sabri, Muhammad Farid
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.v9i1.26455

Abstract

One of the important aspects of takaful is the use of Absolute Assignment which allows the transfer of full ownership of takaful benefits to the trustee. However, the implementation of the Absolute Assignment in the context of Islamic estate planning‎ is still unclear and will affect to the inheritance conflicts. Therefore, this study will analyze the extent to which the integration of the Absolute Assignment can be implemented in the Islamic estate planning industry, especially involving the appointment of trust institutions as a trustee. This study is qualitative by using the content analysis method on journal articles, books, acts and court cases. Interview were also conducted with representatives of two trust institutions in Malaysia, namely Amanah Raya Berhad (ARB) and as-Salihin Trustee Berhad, to find out about estate planning products that use Absolute Assignment. In addition, an interview was also conducted with a takaful practitioner from Takaful Ikhlas company to learn more about the implementation of the Absolute Assignment. In conclusion, this study found that there are four main implications through the integration of Absolute Assignment in the takaful industry, namely speeding up the estate administration process, helping to ease the cost burden, safeguarding the welfare of beneficiaries and free tax of takaful benefit. This study suggests that an active collaboration should be implemented between takaful companies and trust institutions in Malaysia to produce variations of takaful products based on Islamic estate planning.

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