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
 50   51   52   53   54 
The Indonesian Government's Legal Policy on the Presence of Illegal Migrants: Modus Operandi of Rohingya Migration in Aceh Gaussyah, M.; Usman, Bustami; Mirja Fauzul Hamdi; Rizky Aulia Fitri
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.i1.32573

Abstract

The prolonged conflict in Myanmar between the government and the Rohingya ethnic group has caused a flow of refugees and illegal migration out of Myanmar. The ASEAN region that serves as a transit point and destination country for these illegal immigrants is Thailand, Malaysia, and Indonesia. This study uses an empirical research method analyzed with a legislative approach. Data was obtained through in-depth interviews and studies of legal regulations or legislation. The study concluded that illegal migrants who entered Aceh under the guise of being political asylum seekers who were stranded in Indonesian waters or land in need of assistance, this was indicated by the damage to the illegal migrants' boats, either intentionally damaged or indeed damaged. In the context of constitutional law, the central government's policy regarding the presence of refugees, including illegal Rohingya migrants, is to amend Presidential Decree Number 125 of 2016 concerning the Handling of Foreign Refugees. It is hoped that the revised Presidential Regulation will provide detailed regulations, particularly regarding status determination, refugee residency period, refugee criteria, the roles and responsibilities of stakeholders, the establishment of the PPLN Task Force, the fulfillment of the rights of foreign refugees in Indonesia and the use of budgets by Regional Governments, the sharing of burdens and responsibilities with International Organizations (IOs), and other matters that can improve the quality of handling foreign refugees. Some of the Indonesian Government's efforts to address illegal Rohingya migrants include increasing sea patrols, implementing a turn-back boat policy, establishing a main Indonesian Navy base (Lantamal) in Aceh, and involving the community, particularly the Panglima Laot (the Indonesian Navy Commander).
Integrating Prophetic Justice and Maqāṣid al-Sharī‘ah In Administrative Resolution of Electoral Process Disputes In Indonesia Mawardi, Irvan; Utama, Yos Johan; Wisnaeni, Fifiana
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/jy7etz37

Abstract

This article examines the structural limitations in the administrative mechanism for the resolution of electoral disputes (SPPU) in Indonesia and analyzes how these weaknesses impact the protection of citizens' voting rights and the integrity of democracy. The main issues to be studied are structural and procedural weaknesses in the resolution of electoral disputes, the value of prophetic justice, and an integrative adjudication model that can strengthen substantive justice in the resolution of election disputes at the State Administrative Court (PTUN). Using a socio-legal approach combined with the theory of maqāṣid al-sharī‘ah, this study examines the regulatory framework, judicial practices, and principles of Islamic law particularly humanization, liberation, transcendence, maṣlaḥah, izālat al-ḍarar, and raf‘al-ḥaraj. The research findings show that prophetic values ​​provide an ethical foundation for the State Administrative Court (PTUN) to orientate itself toward protecting public rights, while maqāṣid al-sharī‘ah provides a teleological framework that allows judges to interpret procedural boundaries more proportionately to achieve substantive justice. This article proposes a prophetic–maqāṣid adjudication model that encompasses expanding legal standing for voters, testing administrative actions in the form of omissions, flexible deadlines, adaptive standards of proof, and ethical guidelines for judges' deliberations. This integrative model strengthens the PTUN's role as a guardian of electoral justice while harmonizing Islamic moral values ​​with constitutional democratic governance.
Construction of New Norms for the Implementation of Fines in Narcotics Cases in Indonesia Bakhtiar, Bakhtiar; Din, Mohd; Yunus, Ilyas; Darmawan , Darmawan
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.i1.33418

Abstract

Narcotics abuse constitutes a violation of statutory regulations, particularly Article 7 of Law No. 35 of 2009 on Narcotics, which restricts the use of narcotics to health services and the advancement of science and technology. Narcotics abuse may result in serious consequences not only for individuals but also for society, especially the younger generation. In Indonesia, narcotics misuse has spread across all levels of society, from lower to upper classes. Apart from causing dependency, narcotics consumption frequently leads to death. This circumstance poses a significant threat to the sustainability of society, the nation, and the state, placing Indonesia in a state of narcotics emergency. Accordingly, the Narcotics Law prescribes stringent sanctions, including the death penalty, imprisonment, and fines as additional or substitute penalties for convicted offenders. This study examines the imposition of fines as a substitute for imprisonment and explores judicial considerations in delivering such decisions. The study employs a normative legal method. Findings reveal that convicted persons tend to prefer imprisonment to paying fines, mainly because the fines imposed are excessively high and beyond their financial capacity. As a result, the potential state revenue from fines is not realized, while the state must instead bear substantial expenses to maintain prisoners during their incarceration. Therefore, a reconstruction of legal norms is necessary to achieve a more proportional and effective regulation of fines and imprisonment.
Wasathiyyah in Practice: Sharia Council Fatwas and the Construction of Moderate Islamic Legal Reasoning in Wahdah Islamiyah Saban, Syandri; Nurdiana, Nurdiana; Ridwan, Ridwan; Iqbal, Muhammad
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: 10.22373/8zcwry96

Abstract

This article investigates the role of fatwa as a medium for institutionalizing wasathiyyah within Wahdah Islamiyah, one of Indonesia’s emerging Islamic movements. While wasathiyyah has been widely discussed in normative and political discourse, its embodiment in organizational fatwas remains underexplored. This study adopts a qualitative case study approach by analyzing fatwas issued by Wahdah Islamiyah’s Sharia Council (Dewan Syariah Wahdah Islamiyah), supported by interviews with council members and document analysis of official publications. The findings reveal that the Council’s fatwas consistently reflect a framework of moderation by balancing three principles: doctrinal orthodoxy (tahqiq al-‘aqidah), social responsibility (maslahah al-‘ammah), and contextual adaptability (murā‘āt al-waqi‘). Fatwas concerning interfaith relations, political engagement, and contemporary socio-economic issues demonstrate a deliberate attempt to avoid both rigid literalism and excessive liberalism. However, tensions also emerge as fatwas navigate between internal expectations of ideological purity and external pressures from a pluralistic society. This study argues that fatwas serve not only as instruments of normative regulation but also as vehicles for embedding wasathiyyah in organizational governance.
Julo-Julo as Social Capital: Strengthening the Economic Resilience of Traders at Sangkumpal Bonang Market, North Sumatra Replita, Replita; Effendi, Nusyirwan; Ophyandri, Taufika; Miko, Alfan
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/gegy8y35

Abstract

The global economic crisis caused by many factors continues to impact the global world, including Indonesia. Conventional traders have used Julo-julo as a form of social capital to strengthen tradition-based economic practices amidst the pressures of the global free market. However, this phenomenon remains underexplored in the existing academic literature. In addition to addressing gaps in previous research, this study specifically examines how the traditional economic system that uses julo-julo by conventional traders in Sangkumpal Bonang Market, North Sumatra. Using a qualitative descriptive approach rooted in the case study method, analyzed with social capital theory. Data are based on three types, namely, observation, in-depth interviews and literature studies. Interviews were conducted with traders in Sangkumpal Bonang Market, while the literature analyzed were journal articles, proceedings, books related to the discussion. This study concludes that there are three dimensions that are key to the significant contribution of julo-julo, namely; First, this system is based on a social network built on trust, emotional closeness, and shared norms. Second, Julo-Julo offers high accessibility and practical flexibility while encouraging financial discipline among its members. Third, this system enhances the capacity of traders to manage capital, grow their businesses, and remain resilient under economic pressure. This study offers meaningful insights into the development of a tradition-based, community-rooted economic model as a viable strategy to address the challenges posed by global market liberalization.
Adat and Sharia in the Ammatoa Community: Family Law, Gender, and Environmental Ethics as Arenas for Educational Negotiations Nuryamin, Nuryamin; Ahmad, La Ode Ismail; Tenri Padang, Andi; Fatmal, Abd. Bashir; Yusdar, Windi Pratiwi
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/y3gvmj75

Abstract

This study examines the negotiation between custom and sharia in the realm of family law as a central arena for educational, ethical, and cultural transformation in the Ammatoa Kajang indigenous community in Bulukumba, South Sulawesi. The study uses qualitative methods, with a framework of educational anthropology and legal anthropology. Data were collected through in-depth interviews, literature studies, and participant observation. In-depth interviews with Ammatoa, academics, community elders, married couples, and family members, while the literature reviewed included journal articles, books, and Islamic law texts. The findings indicate that the Ammatoa Kajang community formally recognizes the normative authority of Islamic law, although it is interpreted selectively through customary-based cultural mechanisms. The principles of Islamic law regarding marriage, inheritance, family obligations, women's roles and gender relations, and social ethics are adapted into symbolic and ritual forms that align with the local cosmology and moral teachings of Pasang ri Kajang. In this context, family law becomes a pedagogical space where Islamic values ​​are not only taught normatively but also realized collectively through rituals, symbolic communication, communal sanctions, and patterns of social interaction. Furthermore, environmental ethics and ecological education in the Ammatoa community are also very prominent, evidenced by their harmony with nature and commitment to preserving it. This study shows that anthropologically, there is an interaction between custom and sharia in the Ammatoa Kajang traditional community in education and law, reflecting a model of Islamic legal education rooted in culture and religion through a process of negotiation, adaptation, and reinterpretation.
Financial Management, Household Resilience and Hadith Perspective: An Analysis of Maqāṣid al-Sharī'ah in Contemporary Muslim Society Jufri, Muhammad; Handayani, Dian; Mariani, Mariani; Suyuti, Machmud; Thahir, Ilyas
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/hghn1s70

Abstract

Household financial vulnerability remains a persistent challenge in contemporary Muslim societies, often resulting from limited financial literacy and marginal integration of Islamic legal and ethical frameworks into family economic practices. This study aims to examine how the integration of hadith ethics and Islamic law can strengthen household financial literacy and resilience in the context of Muslim families. Using qualitative methods, this research analyzes classical hadith sources and contemporary studies are analyzed using the theory of maqāṣid al-sharī'ah. Data was collected by means of document studies with reference to hadith books and in-depth interviews with academics, hadith experts and Islamic law. The findings indicate that hadith ethics and Islamic legal norms such as moderation (i’tidāl), financial responsibility (amanah), avoidance of excessive debt, and halal wealth management (halal income) constitute a comprehensive moral-legal framework that not only regulates financial behavior but also enhances household resilience through values-based financial socialization, ethical consumption, and long-term economic planning. These principles foster financial discipline, reduce vulnerability to economic shocks, and promote sustainable family well-being beyond merely technical financial skills. In conclusion, within the context of the maqāṣid al-sharī’ah, the ethics of hadith on household financial literacy offers a culturally and normatively grounded model for strengthening family resilience in Muslim societies. This framework contributes to interdisciplinary discourse by bridging Islamic studies, family science, and socio-economic resilience research.
Nationalism, Media, and Arabic Language Instruction: Cultivating Patriotism at Islamic Universities in South Sulawesi Bustanul Arifin, Nursyirwan; Shadriyah, Shadriyah; Mulyana, Elma
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: 10.22373/80wc6496

Abstract

Nationalism constitutes a critical value that must be nurtured among university students, particularly in the face of growing threats to national integration. It can be effectively internalized through educational institutions at all levels, from primary schooling to higher education. This study aims to develop instructional media and pedagogical methods grounded in digital technology, specifically Google Translate as an innovative approach to fostering national global literacy. Rather than functioning as a passive translation tool, Google Translate is integrated into a structured instructional framework designed to enhance students' Arabic language proficiency and national global literacy. The study employs a Research and Development (R&D) design with a quantitative approach, and data were analyzed using canonical correlation analysis to measure the relationship between independent and dependent variables, both simultaneously and partially. The initial hypothesis posited that the use of these instructional media and methods would significantly improve students' Arabic language proficiency and national global literacy, both simultaneously and partially. The findings indicate that, when examined simultaneously, the development of Google Translate-based instructional media and methods exerts a significant combined influence on Arabic language proficiency and national global literacy. However, at the partial level, only the development of Google Translate-based instructional methods demonstrated a significant effect on national global literacy, while the other variables did not yield statistically significant results. These findings suggest that the adoption of this instructional methodology contributes to an enhancement of students' national global literacy, which in turn reinforces their sense of nationalism and patriotism. 
Transformation of Ijtihad of Nusantara Ulama in the Formulation of A Compilation of Sharia Economic Law from A Maslahah Perspective Arifin, Zarul; Neli, Neli; Abdussalam, Izuddin; Yacob, Fakhri
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/sjhk.v9.i3.8324

Abstract

This study discusses the transformation of ijtihad of Indonesian scholars in the formulation of the Compilation of Sharia Economic Law (KHES) using the maslahah perspective as the basis of analysis. KHES is the result of the codification of Islamic economic law in Indonesia that seeks to address the dynamics of the modern economy through a contextual approach to classical Islamic legal sources. Indonesian scholars have an important role in the ijtihad process by adapting sharia values to align with the social, cultural, and economic realities of Indonesian society. Through the maslahah mursalah approach, the transformation of ijtihad not only maintains the principles of justice and maslahah, but also reflects the flexibility of Islamic law in responding to developments in the era. This study found that KHES is the result of synergy between classical fiqh texts and the needs of contemporary economic practice, where maslahah becomes the main instrument to maintain the relevance and acceptability of Islamic law in the national economic realm. Thus, KHES reflects a concrete form of moderate, contextual, and oriented Nusantara Islam to the welfare of the people in the economic field.
The Transformation of the Structure and Function of al-Qurbā and Its Consequences for the Mother’s Position in the Guardianship System Devy, Soraya; Habibi MZ, Muhammad; Muliana, Muliana; Fauzani, Laitani
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/vd2r4n67

Abstract

The role of mothers has become increasingly prominent in exercising authority to fulfill their responsibilities in caring for orphaned children and managing their property. This study is motivated by the fact that traditionally, al-qurbā (close relatives) such as grandfather, paternal uncle, and other paternal kin have been entrusted with the care, management, and development of orphans and their property, without recognizing the position of the mother in the guardianship structure. Hence, the study aims to explore the transformation of the structure and function of al-qurbā and its effects on the status of mothers in the guardianship system. This study employed a qualitative research method using a conceptual analysis approach to normative legal issues. Data were collected through a mixed approach, combining field research conducted by means of observation and interviews in Banda Aceh and Aceh Besar with library research to identify relevant. The findings reveal that the transformation of the structure and function of al-qurbā within the guardianship system has occurred through two models. The first one is natural transformation, which is related to cultural factors, family structure, gender issues, modernization, and local traditions. The second is scholarly transformation, which encompasses legal reforms, government policies, and developments in legal scholarship, including the attempts to reformulate the concept of guardianship by means of holistic interpretation of Qur’anic verses that were previously interpreted in a partial manner. Further, three main consequences of these transformations have been identified in this study, including: the elevation of the mother’s position in the order of guardianship, the changes in the mother’s authority as a legal guardian, and the modifications to the rights and responsibilities assigned to the mother upon her appointment as the guardian of an orphaned child.

Page 52 of 56 | Total Record : 553

 50   51   52   53   54 

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