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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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Judicial Decision-Making and the Realization of Justice in the Indonesian Criminal Law Haryadi, Slamet; Ja’far, A. Kumedi; Dwiono, Sugeng; Fikma Edrisy, Ibrahim; Dwi Subarkah, Amirah
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.i3.27478

Abstract

The phrase "For the Sake of Justice Based on Belief in the One Almighty God" serves as the foundational principle for the administration of justice in Indonesia and appears as the irah-irah (heading) in court decisions issued by the Supreme Court of the Republic of Indonesia. This study examines how this principle is reflected or not reflected in first-instance corruption case rulings. Through a normative legal research approach, this study employs the theory of justice as its analytical framework. Focusing on decisions from the Tanjungkarang and Banda Aceh District Courts, it finds that judicial reasoning in these cases often lacks legal arguments that embody the values of justice rooted in belief in the One Almighty God. The study argues that a judicial decision with integrity must go beyond a mere recital of the facts and legal elements of the indictment. It should also offer moral reasoning that acknowledges the accused as a human being with dignity and inherent rights to justice, truth, and fair treatment. The analysis also highlights instances where judges, in applying Indonesia’s anti-corruption laws, appear to act not in accordance with religious moral values, but rather under the influence of external interests. Such actions, including legal simplification, selective application, and even corrupt practices such as bribery, compromise the moral foundation of judicial decisions and result in unjust outcomes. Theoretically, this research affirms that to realize justice in its truest form, judges must draw upon divine moral principles as a source of inspiration and guidance. Only then can court decisions reflect both human dignity and substantive justice.
From Normative Authority to Contextual Responsiveness: Theoretical and Empirical Analysis of DSN–MUI’s Transformation in Fatwa Formulation within Indonesia’s Islamic Finance Ecosystem Hidayah, Nur; Haryatih, Haryatih; Solihah, Ucu
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.i3.28811

Abstract

This study examines how the National Sharia Council of the Indonesian Council of Ulama (DSN–MUI) formulates and adapts fatwas amid increasing complexity in Islamic economic practice, addressing the problem of tension between classical fiqh normativity and contemporary transactional demands where explicit naṣṣ and ijmāʿ are limited. Specifically, the research asks: (1) how does DSN–MUI reconcile traditional Sharīʿah principles with novel financial needs; (2) what juristic tools and maxims inform its fatwa-making; and (3) what are the practical consequences for Islamic financial institutions (LKS) and consumers. Employing a qualitative doctrinal and socio-legal method, the study analyzes selected DSN–MUI fatwas focusing on the transformation of tabarruʿ contracts (wakālah, ḥawālah, kafālah) into tijārī frameworks and the evolving rulings on muqāṣah (early-payment discounts) in murābaḥah as primary data. The findings reveal a clear methodological shift from a strictly textual-normative approach toward a contextual, maqāṣid- and maṣlaḥah-oriented reasoning that treats al-ashlu fil muʿāmalāt al-ibāḥah as a governing hermeneutic; DSN–MUI legitimizes innovations (e.g., wakālah bi al-ujrah, ḥawālah bi al-ujrah, kafālah bi al-ujrah, and obligatory muqāṣah) while embedding procedural safeguards (pre-agreed nominal ujrah, protections against ribā, gharar, and ziyādah ʿalā al-dayn) to protect consumers. The study concludes that DSN–MUI functions as an adaptive Sharīʿah governance actor that balances normative fidelity, institutional viability, and public interest, recommending continued doctrinal clarity and empirical assessment of socio-economic impacts.
Legal Controversy Over Divorce Filed by Wives in Religious Courts in Indonesia Samsudin, Titin; Sahid, Mualimin Mochammad; Rahim, Arhjayati; Saka, Putri Ananda
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.i3.29353

Abstract

Divorce initiated by a wife is often a source of controversy within religious courts. In line with that, three questions are answered in this paper. First, what is the form of the "controversy" in the normative and juridical legal considerations of  cerai gugat or divorce initiated by a wife; (b) what is the form of the legal impact in the judge's decision on the "controversy" of a contested divorce; (c) what is the form of the "controversy" in community life on the response to a contested divorce. This study is a sociological study of law using a case study approach in religious courts. Data were collected by analyzing court decisions, journal articles, and books, then analyzed using Islamic legal theory. The results of this study indicate that there are three levels of controversy surrounding divorce initiated by wives. First, the differences that occur in normative and juridical law regarding the incompatibility between Islamic law and positive law governing divorce lawsuits by wives cause controversy in the law of divorce at the request of wives in religious courts. Second, differences in judges' decisions in the law of divorce initiated by a wife.  It causes controversy and resulting in legal impacts from various aspects. Third, the controversy over the response of community leaders. Some religious and community leaders see it as a threat to the stability of the family and the long-established social order. In contrast, others see it as a form of women's freedom to determine the direction of their own lives. In the context of Islamic law, the decision of a religious court is binding and enriches the development of sociological studies of law, especially divorce initiated by the wife, and influences social and legal change in Indonesia.
Financial Management of the Grand Mosque in Aceh from the Perspectives of the Sharia Economic Law Iqbal, Muhammad; Nurdin, Ridwan; Devy, Soraya; Surya, Jen; Yunanda, Rizki
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.i3.30471

Abstract

This research was conducted in response to the phenomenon that many mosques in Aceh do not prepare financial reports in accordance with ISAK 35 (Interpretation of Financial Accounting Standards). Since 2019, the Financial Accounting Standards Board (DSAK) has replaced PSAK 45 and ratified ISAK 35 as the guideline for the presentation of financial statements of non-profit entities, which took effect in January 2020. This standard also applies to the financial reporting of mosques as non-profit institutions. At present, the accountability of mosque financial management in Aceh is generally limited to reports of cash receipts and disbursements, which constitute only a part of the cash flow statement. However, ISAK 35 stipulates that the financial statements of non-profit entities should consist of: (1) a Statement of Financial Position, (2) a Statement of Comprehensive Income, (3) a Statement of Changes in Net Assets, (4) a Statement of Cash Flows, and (5) Notes to the Financial Statements. Given the large number of mosques in Aceh and to avoid the time constraints of completing this research, this study focuses solely on the Grand Mosques managed by the regencies/cities in Aceh Province. The findings reveal that the financial reports of the Grand Mosques across the 23 regencies and cities in Aceh remain incomplete. First, the reports prepared and presented by mosque administrators are still limited to records of cash receipts and expenditures. Second, mosque management personnel generally lack sufficient knowledge of financial reporting practices and standards. Third, most mosque administrators and staff are elderly, which further constrains the implementation of proper financial reporting procedures. It is also important to emphasize that mosque financial management must be based on sharia-based financial and accounting principles so that the mosque is not only a center of worship but also an institution for economic, educational, and community empowerment
Catcalling Prevention Strategies in Handling Forms of Gender Inequality Among Students in North Sumatera Purba, Nelvitia; Bahmid, Bahmid; Saragih, Alkausar; Batubara, Ismed; Monteiro, Seguito
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.i3.31862

Abstract

This study aims to determine the legal regulations regarding catcalling, to determine the influence of student responses to catcalling and to obtain a Strategy for Preventing and Overcoming Catcalling (Sexual Harassment) in Addressing Forms of Gender Inequality for Students in North Sumatra. The analysis carried out in this study uses qualitative descriptive, namely by obtaining information related to student responses in efforts to prevent catcalling. The data analysis model used in this study is to use the deremination coefficient (R2) and the multiple linear regression equation as an indicator score using the Likert scale. The results of the study suggest that: (1). There are no legal regulations regarding catcalling yet, but there are several articles used in resolving criminal cases, including those regulated in Law Number 44 of 2008 concerning Pornography; (2). Based on the results of the calculation of the multiple linear regression equation obtained: Y = 0.229 + 0.487X1. This is indicated by the coefficient value of b1 which is positive at 0.229. Furthermore, for the independent variable X1, it shows that the value of t count = 9.147. From the t table with a significance level of α = 0.05, with the number of respondents = 20 and the number of independent variables = 1, the t table value is read = t (α, n-(k + 1)) = 1.729. Thus, for variable X 9.147> 1.729 or t count> t table which means that the independent variable X (catcalling problem) partially has a significant effect on the dependent variable Y (student perception)  and (3). Strategies Implemented in the Prevention and Overcoming of Catcalling Sexual Harassment) reducing Gender Inequality is through the formation of a Law that specifically regulates Catcalling and coordination between the government, society and campus, including by forming catcalling prevention; social campaigns both through social media and slogans in society and campus.
The Transformation of Gala and Mawah: Towards the Sharia Gala Bank Microfinance Model in Aceh Hamid, Wardiah; Sumardi, Dedy; Suarsana, I Made; Dachlan, Muhammad; Hamsiati, Hamsiati
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.i3.31899

Abstract

The Acehnese society has long practiced customary economic arrangements such as gala (pawning) and mawah (profit-sharing). However, the traditional gala practices are frequently exploitative and inconsistent with the Sharia principles, as lenders exercise full control over collateralized productive assets. In addition, the potential of mawah as a cooperative economic mechanism has not been fully realized. This qualitative study examines the transformation of these customary practices into sustainable Sharia-based microfinance institutions through a case study of their implementation in Southwest Aceh. Data were collected through observations and in-depth interviews. The findings indicate that KSPPS Baitul Qiradh Gala Muamalah, commonly known as the “Gala Bank,” has initiated a revitalization of local economic wisdom grounded in Sharia principles. A fundamental transformation is evident in the gala practice through the application of a rahn (Sharia pawn) contract, whereby the institution holds only the collateral, while productive assets, such as rice fields, remain under the management of their owners. This arrangement enables farmers to continue agricultural production and generate income. For working capital financing, the institution employs a mudharabah (profit-sharing) contract with a flexible post-harvest repayment system. The “Gala Bank” model has successfully transformed previously harmful practices into equitable, farmer-empowering, and Sharia-compliant transactions. Consequently, this initiative demonstrates how traditional economic practices can be effectively adapted into a modern, sustainable economic framework rooted in local culture, serving as a model for community-based economic development.
The Integration of Fiqh and Science: The Pork Element in the Medical Fatwa's of the Indonesian Ulema Council Abubakar, Ali; Harahap, Muhammad Ridwan; Habibi, Muhammad; Nurdin, Abidin; Gayo, Ahyar
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.i3.31976

Abstract

Although the integration of religion and science has been widely examined across disciplines, it remains relatively underexplored within the field of fiqh (Islamic jurisprudence), particularly in relation to medical issues. This study therefore addresses a substantial gap in the existing literature. Here, case of integration in the fatwa's issued by the Indonesian Ulema Council (Majelis Ulama Indonesia / MUI) was examined. These fatwas addressed vaccines that were considered haram (forbidden) since they contained or came into contact with pork-derived elements, except in cases of emergency. On the contrary, the East Java branch of the MUI permitted their use based on the concept of complete chemical transformation (istihālah tammah). To explore this issue, the study posed three research questions: (1) How are elements related to pork positioned within MUI fatwas? 2) How does the authority of ulama affect the positioning of pork-derived elements in MUI fatwa's? and (3) How is the integration model of fiqh and science articulated in MUI fatwa's? The first question was examined through content analysis of existing MUI fatwas, the second through analysis of interview data from Muslim intellectuals in Jakarta, East Java, West Sumatra, and Aceh, and the third through an integrated analysis of interview data and fatwa documents using the theory of authority. The findings thus indicate that the MUI adopts an integrative approach to science and fiqh in issuing fatwa's. However, the role of science tends to remain largely confirmatory and has yet to exert a more substantive influence. In this regard, the East Java MUI has taken a more ‘open’ approach, moving beyond the established mainstream of fiqh while still operating within the framework of classical ulama authority
Legal Status Typology of Waqf Nazhir and Challenges to Registration with the Indonesian Waqf Board: Insights from Aceh and North Sumatra Adan, Hasanuddin Yusuf; Jalil, Husni; Damanhuri, Damanhuri; Musa, Armiadi; Bakri, Nurdin
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/z7416218

Abstract

The implementation of the nazhir registration requirement under Article 14 of Law Number 41 of 2004 on Waqf continues to reveal a gap between legal norms and practice. Although every nazhir is legally required to be registered with the Minister of Religious Affairs and the Indonesian Waqf Board (BWI), in practice many are registered only with the Office of Religious Affairs (KUA), while others remain unregistered with both institutions. Previous studies have primarily examined waqf governance, whereas research developing a typology of the legal status of nazhir based on registration practices remains limited. This study aims to formulate a legal status typology of waqf nazhir and identify the factors hindering registration with the Indonesian Waqf Board. Employing a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and document analysis and were analyzed thematically. The findings identify three legal status typologies of waqf nazhir: formal, registered with both the KUA and BWI, semi-formal, registered with the KUA but not with BWI; and informal, registered with neither the KUA nor BWI. The study further reveals that overlapping institutional authority, weak inter-agency coordination, limited legal awareness among nazhir, and the institutional and budgetary constraints of BWI constitute the main barriers to registration. This study contributes by proposing a legal status typology of waqf nazhir as a conceptual framework for understanding the implementation gap in waqf law and underscores the need to strengthen institutional coordination, harmonize regulations, and develop a digital registration system to enhance legal certainty and the effectiveness of waqf governance in Indonesia.
Pangngaderreng as the Legal Epistemology of the Bugis Community: Integrating Sharia and Custom from the Perspective of Legal Pluralism Nair, Rahmatun; Nuzul, A.; Keri , Ismail; Irfan, Ahmad; Kiramang, Khaeruddin
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/kvt23130

Abstract

This article analyzes pangngaderreng as a legal epistemology in the family law practice of the Bugis community by highlighting the integration between Islamic sharia normativity (sara’) and local rationality. This research uses empirical legal methods, analyzed with the theory of legal pluralism. Data were collected through in-depth interviews, observations and document studies. Interviews were conducted with religious leaders, academics, judges and community leaders as well as the community. While the documents analyzed were journal articles, books and a number of other scientific literature. The results of the study indicate that the elements of pangngaderreng have both epistemological and anthropological foundations. Pangngaderreng has four main elements, namely; ade’, rapang, wari’, and bicara, which function as legal reasoning mechanisms that ensure the application of sharia norms takes place contextually, deliberatively, and based on social propriety. Meanwhile, sara’ occupies a primary normative position that is functionally integrated in the local value structure. This article also emphasizes that the philosophical values ​​of Bugis culture remain intact, namely: accae (intelligence), lempu (honesty), warani (courage), and getteng (firmness), despite the challenges of social change. Theoretically, this article emphasizes the importance of a legal pluralism approach that recognizes all legal systems within Bugis society: Islamic law, customary law, and national law, which are integrated and intertwined in an accommodating and harmonious manner.
Islamic Inheritance Law as Living Law in South Sulawesi: Developing a Contextual-Moderate Receptie Approach Muhammad Fajri; Idzam Fautanu; Ramdani Wahyu Sururie; Enceng Arif Faizal; Taufik, Muh. Bambang
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: 10.22373/9eqbqm02

Abstract

This study examines Islamic inheritance practices among Muslim communities in South Sulawesi, where Qur’anic inheritance norms interact with local traditions and family-based mechanisms of property transfer within a living law framework. Although Islamic inheritance law is normatively ijbārī and grounded in definitive Qur’anic texts, empirical practices frequently involve lifetime gifts (hibah), bequests (wasiat), family deliberation, caregiving-based considerations, and consensual redistribution. Employing a normative-empirical juridical method with a socio-legal approach, this study draws on document analysis and in-depth interviews with Religious Court judges, religious officials, customary leaders, and community figures across several regions of South Sulawesi. The findings reveal that Islamic inheritance law remains widely acknowledged as a binding religious obligation rooted in faith commitment, yet its application is commonly mediated through classical Islamic legal mechanisms rather than routine formal adjudication. These practices do not function as attempts to evade inheritance law, but as context-sensitive applications aimed at preserving justice, family harmony, and social legitimacy within Islamic law as living law. However, the prevalence of unregulated legal eclecticism exposes a risk of normative dilution when definitive Qur’anic inheritance norms are treated as negotiable preferences. In response, this study advances a contextual-moderate receptie approach, grounded in Islamic legal principles and maqāṣid-based systems thinking, to balance normative certainty with contextual justice. By positioning Islamic inheritance law as the normative core of an integrated family property transfer system encompassing waris, hibah, and wasiat, this study contributes to socio-legal scholarship on Islamic law and legal pluralism within Indonesia’s plural legal landscape.

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