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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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Kidah-kidahan Tradition: Neglect of Child Welfare in Forced Engagement in South Sumatera Barkah, Qodariah; Rismawati, Shinta Dewi; Abdillah, Muhammad; Saputra, Jemmi Angga; Fernando, Henky
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.i3.22452

Abstract

Local traditions have become a source of legitimacy for the practice of forced arranged marriages that has been passed down from generation to generation. Underage children (below 19 years old) have been forced into arranged marriages as an economic solution for the family. This paper aims to analyze how the arranged marriage tradition takes place and what is the position of minors in this tradition. How the actions of parents to force their children to accept arranged marriages have bad consequences for children's social welfare. At the same time, how do local traditions justify actions that ignore the interests of children to be able to live according to their rights as children. The data for this paper are based on a qualitative study by observing forced marriage practices in a subdistrict in the South Sumatera region. A series of interviews were conducted both with children who experienced forced marriages, as well as with the parents and traditional figures involved. The research results show two important things. First, that forced marriages occur as a family strategy to get out of economic pressure by shifting the burden of responsibility on the prospective husband's family. Second, the practice of forced matchmaking that takes place on children has changed the life orientation of children and threatens their social welfare. This research emphasizes the need for legal protection for children's rights so that children's welfare can be guaranteed.
Assessing the Consideration of Maslahah and Mafsadah in the Boycott of Franchise-Based Products and Services Linked to Israel in Malaysia Ramli, Mohd Anuar; Salleh, Ahmad Dahlan; Kasa, Annuar Ramadhon; Hassan, Paiz; Yasir, Emi
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.i3.24325

Abstract

This article examines the implications of boycotting franchise operations in Malaysia, identified as supporters of Israeli violence, through the lens of Islamic law, particularly focusing on the concepts of maslahah (benefit) and mafsadah (harm). The objective is to develop a nuanced understanding of the decision-making process regarding such boycotts, acknowledging their extensive economic consequences on various stakeholders, including suppliers, distributors, logistics facilitators, local employees, and business owners. Utilizing a qualitative methodology, this study employs a documentation technique and content analysis to assess the balance between maslahah and mafsadah. Findings suggest that while boycotts can apply financial pressure on Israel, they inadvertently cause significant economic distress to local Malaysian businesses and result in job losses among the local workforces. Notably, the research highlights the distinct positions of Malaysian franchises, which, unlike their Israeli counterparts, generally oppose violence and contribute to Palestinian aid efforts. Consequently, based on the evaluation of maslahah and mafsadah, the article argues that boycotting such entities in Malaysia could be counterproductive, yielding more harm than benefit
Towards Justice and Prosperity: Progressive Legal Study of Countering Illegal, Unreported and Unregulated Fishing Asis, Abd; Chakrabarty, Shambhu Prasad; Yunus, Ahsan; Hehanussa, D. J. A.; Lewerissa, Yanti Amelia
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.i3.25666

Abstract

Illegal, Unreported, and Unregulated (IUU) fishing poses a significant threat to Indonesia's vast marine resources, contributing to economic losses, environmental degradation, and the marginalization of coastal communities. Although Indonesia has adopted penal and non-penal instruments to counter IUU fishing, the current legal approach remains largely reactive and fragmented, with law enforcement focusing on low-level actors while systemic drivers and corporate beneficiaries remain untouched. The article's strength lies in its integration of progressive law with Islamic legal principles, providing a unique perspective that emphasizes justice, human welfare, and sustainability. This article employs a normative juridical method, using a statute approach, case approach, conceptual approach, and comparative approach to Islamic legal principles such as maslahah mursalah and hisbah. The results shows that a holistic and human-centered legal approach is essential to restore equity, increase deterrence, and ensure sustainable fisheries management. The novelty of this research lies in formulating a concrete legal reconstruction model that operationalizes progressive justice and Islamic legal teleology as integrated instruments for future reform of Indonesia’s fisheries legal regime. This article contributes to the discourse on legal reform in environmental governance, offering practical insights for policymakers and legal practitioners in Indonesia and beyond.
Implications and Challenges in Implementing Halal Standard of Animal Feed and its Marketability Hasim, Nur Asmadayana; Mohd Noor, Nurul Syazwani; Mhd Rodzi, Nur Anis Raihana; Hairulanuar, Nurhana Nazira; Mohd Kashim, Mohd Izhar Ariff
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.i3.26402

Abstract

The increasing global demand for Halal animal products has spurred interest in Halal animal feed, driven by consumer preferences for ethically and religiously compliant goods. Despite its marketability, the implementation of Halal standards in animal feed faced significant challenges, as limited countries have an established Halal Standard for this sector. The objective of this article is to highlight the implications, and its challenges associated with Halal animal feed, along with assessing the potential Halal global economic marketability. This study employs a scoping review methodology, analyzing eight articles from 2016 to 2024, sourced from databases such as Scopus and Google Scholar to assess the current state of Halal animal feed standards and market dynamics. The review identified several key challenges, such as the difficulty of controlling impurities in feed ingredients, lack of comprehensive Halal integrity within the feed supply chain, and insufficient awareness and understanding of Halal principles among farmers. These issues complicate the certification process and create significant barriers to the widespread adoption of Halal animal feed standards. This paper filled a gap for the need of international cooperation in developing unified Halal standards for animal feed. It also proposes that increased education and awareness among stakeholders could potentially boost the integrity and credibility of the Halal supply chain. In conclusion, establishing an impressive Halal Standards and promoting education among farmers and industry players are essential towards impacting the growth and sustainability of this niche market.
Integrating Project Citizen and Qanun Jinayat in Civic Education to Prevent Sexual Violence in Acehnese Higher Education Helminsyah, Helminsyah; Yusnadi, Yusnadi; Surya, Edy; Kasmini, Lili; Mulyani, Mulyani
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.i3.26489

Abstract

This study aims at investigating the university students’ perceptions of the Project Citizen learning model on civic education with the integration of the local wisdom, Qanun Jinayat, to prevent sexual violence. This study employed a mixed-method which gathered data using questionnaires and interviews. The participants involved in this study were 68 students for questionnaires and 7 students for the interviews from Universitas Bina Bangsa Getsempena Banda Aceh, Aceh, Indonesia. Quantitative data were analyzed descriptively, while qualitative data were analyzed thematically. The findings of study reveal that students generally held positive views on integrating Qanun Jinayat through Project Citizen to protecting against sexual violence. Students also recognized Qanun Jinayat as a culturally and legally legitimate framework and valued its integration into participatory, problem-based learning. They also identified challenges such as stigma, fear, and institutional gaps, while putting emphasis on the importance of community collaboration and their own active roles in the prevention of sexual violence. Thus, universities are encouraged to integrate local wisdom and legal literacy into their curricula and to strengthen collaboration with community and legal institutions to prevent sexual violence.
Practice of Pre-Death Property Distribution among Muslim Communities in Cirebon from the Perspective of Islamic Law and Legal System Setyawan, Edy; Yasin, Ahmad Alamuddin; Himam, Achmad Samil
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.i3.26628

Abstract

 In Islam, the division of wealth refers to the process of transferring ownership of assets from the owner to specific recipients, either with specific portions or without division. Although wealth distribution typically occurs after the death of the owner, there are practices where distribution takes place before death. This research aims to analyze the patterns of pre-death wealth distribution within community families in Cirebon, as well as the perspectives of heirs on such practices and their implications on property ownership laws according to Islamic principles and other legal systems. The research methodology employed is qualitative, using a case study approach to explore pre-death wealth distribution practices among community families in Cirebon. The legal system framework theorized by Lawrence Friedman, including legal structure, legal substance, and legal culture, serves as the approach and perspective in this study. The research findings indicate that the legal structure within these families involves the owner distributing wealth to heirs according to local traditions. The legal substance involved in this distribution is inheritance division, although from an Islamic law perspective, such distribution may be considered as gifts or bequests. The legal culture of pre-death wealth distribution is influenced by various factors, including efforts to prevent conflicts among heirs after the death of their parents. Despite being categorized as gifts or bequests in Islamic law, this system of wealth distribution is seen as a solution to avoid disputes in wealth distribution among Muslim communities in Cirebon.
Reasons Underlying a Wife's Divorce Suit at the Sungguminasa Religious Court, South Sulawesi: An Islamic Law Philosophy Perspective Halim, Patimah; Idrus, Achmad Musyahid; Mustafa, Adriana; Herawati, Andi; Asti, Mulham Jaki
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.i3.26900

Abstract

This study examines the reality of divorce litigation at the Sungguminasa Religious Court in Gowa, the underlying reasons wives initiate divorce, and public perceptions regarding divorce proceedings at the court. It also explores the philosophical rationale of Tasri's approach in relation to the benefits of divorce litigation. Employing an empirical legal method, the study analyzes data through the lens of mashlahat theory and Islamic legal philosophy, using a case study approach based on divorce records from the court. Data were collected through in-depth interviews and document analysis, including court decisions. The findings reveal that the primary reasons wives file for divorce are closely linked to their welfare, which can be classified into three levels: darūriyyāt (essential), ḥājiyyāt (complementary), and taḥsīniyyāt (enhancing) welfare. Domestic violence (KDRT) represents a darūriyyāt welfare concern, as it threatens a wife's life and well-being. Biological needs reflect , ḥājiyyāt welfare, prompting wives to seek divorce to fulfill essential personal needs. Economic sufficiency is associated with taḥsīniyyāt welfare, contributing to the completeness of a wife's social and family life. Finally, the study notes a rising trend in divorce cases filed at the Sungguminasa Religious Court between 2021 and 2023.
The Protection of Animals under Malaysian and Islamic Law Mohamad, Abdul Basir; Ismail, Nurbazla
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.i3.26927

Abstract

The topic of animal protection within the framework of Islamic law is receiving more and more attention in contemporary society. Even though the Quran and hadiths contain explicit verses highlighting the significance of protecting animal rights and welfare in connection to environmental conservation, numerous instances of animal abuse and cruelty continue to occur at all societal levels. According to a report published by the Department of Veterinary Services (DVS), there has been a significant rise in animal abuse instances in Malaysia. From 2021 to June 2024, 7,613 abuse complaints were received, with the biggest number occurring in Selangor. Dogs are the most mistreated animals, followed by cats and other creatures. This problem is not limited to animals. The ecosystem’s equilibrium, human-environment relations, and animal welfare are all impacted by this problem. Hence, the objective of this study is to analyse how Malaysian and Islamic law treat animal protection. This study’s methodology is qualitative and focuses on gathering data from a variety of primary and secondary sources, such as the Quran, hadith, books on Islamic jurisprudence, and scholarly sources like laws, books, articles, journals, and papers about animal protection and animal abuse cases. In the meantime, descriptive and comparative methods are used to analyse data. According to this study, Islam firmly condemns animal cruelty, as evidenced by numerous Quranic verses and the Prophet’s (peace be upon him) hadith that stress the value of animal welfare. Islam also mandates that people treat animals with compassion. In the meantime, the Animals Act 1953 (Revised 2006) (Act 647) and the Animal Welfare Act 2015 (Act 772) in Malaysia rigorously guard against any cruelty or damage to animal habitats. Animal abuse and cruelty must be condemned in order to preserve natural harmony and ecosystem equilibrium. The findings of this study have consequences for society in terms of protecting animals in line with Islamic laws and expectations.
The Calendar Systems of Sulawesi Ethnic Groups from the Perspective of Falak Science Syarif, Muh Rasywan; Chotban, Sippah; Syam, Hikmatul Adhiyah; Surya, Nurfadillah; Safiai, Mohd Hafiz
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.i3.26954

Abstract

The calendar systems of the ethnic groups in Sulawesi highlight a gap in understanding regarding the extent to which these traditional systems align with, differ from, or complement contemporary astronomical and Islamic time-keeping practices. Despite these communities’ rich, culturally embedded knowledge of time-division based on celestial movements, there has been minimal research on how these indigenous systems engage with scientific astronomy or are shaped by religious influences. Furthermore, there is a lack of comparative studies examining how each community’s calendar system reflects their unique cultural identities, cosmologies, and adaptations to environmental changes. This study examines the calendar systems of popular Sulawesi ethnic groups which are the Bugis, Mandar, and Toraja through the lens of falak science. This study employs a qualitative approach, utilizing document analysis, interviews, and observations as its primary methods. The findings indicate that these Sulawesi ethnic groups hold a rich repository of traditional knowledge on calendar systems, which aligns closely with foundational astronomical principles. Addressing these gaps could deepen insights into the preservation of cultural heritage and the potential integration of traditional knowledge with contemporary scientific and religious calendar practices.
Social Interaction and Religious Harmony: A Cultural Communication Study in Malaka Regency, East Nusa Tenggara Maesurah, Sitti; Klau, Stanis; Cangara, Hafied; Nurdiantara, Robby Rachman
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.i3.27167

Abstract

This study examines the dynamics of social interaction and religious harmony between Bugis migrant communities and local residents in Malaka Regency, East Nusa Tenggara. Employing a descriptive qualitative approach through in-depth interviews and participant observation, the research identifies key factors that foster social cohesion amid ethnic and religious diversity. Data analysis draws on Integrative Communication Theory and Anxiety and Uncertainty Management Theory. The findings reveal that effective cultural adaptation, open intercultural communication, and the practice of inclusive religious values serve as the primary foundations for maintaining social harmony. The adaptation process unfolds through collaborative, two-way communication in which both groups learn from one another and demonstrate respect for cultural differences. In addition, spiritual values promoted by religious leaders function as a shared ethical framework that reinforces interfaith solidarity. The resulting acculturation is reciprocal, leading to the formation of a new social identity grounded in mutual respect and cooperation. This study affirms that empathetic intercultural communication shaped by religious values can support a sustainable model of social harmony in multiethnic societies. The findings contribute to the literature on cross-cultural communication and offer insights for the development of social policies in the pluralistic contexts of Eastern Indonesia.

Page 53 of 56 | Total Record : 553

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