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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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Reconstructing Islamic Marriage Law Based on Maqāṣid al-Sharī‘ah and Local Wisdom: A Study of the Uang Panai Tradition in Bugis-Makassar Culture Akil, Muhammad; Syaripuddin, Said; Ardi, Ardi; Hasibuddin, M.; Surani, Surani
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/jmfvzd57

Abstract

Islamic marriage law in Indonesia continues to face challenges in reconciling universal religious principles with deeply rooted local customs. One such example is the uang panai tradition within Bugis-Makassar society, which often carries significant socio-economic implications beyond the scope of conventional Islamic mahr. This qualitative study applied a juridical-empirical method supported by theological-normative and anthropological approaches. Data were collected through document analysis, semi-structured interviews with religious leaders and cultural stakeholders, and field observations in Makassar, South Sulawesi. The findings reveal that uang panai, when framed within mutual consent and cultural appropriateness, aligns with key elements of maqāṣid al-sharī‘ah, notably the preservation of wealth (ḥifẓ al-māl), lineage (ḥifẓ al-nasl), and honour (ḥifẓ al-‘ird). The study highlights the flexibility of Islamic law through the legal maxim al-‘ādah muhakkamah, allowing cultural integration without compromising Sharī‘ah objectives. This research offers a conceptual model for reconstructing Islamic marriage law by integrating maqāṣid al-sharī‘ah with local traditions. The model promotes a dynamic and inclusive interpretation of Sharī‘ah that acknowledges cultural legitimacy while upholding Islamic legal integrity. It contributes to policy discourse on reforming Islamic family law in pluralistic societies
The Role of Halal Certification Institutions in Ensuring Production Safety, Product Quality, and Economic Development: Evidence from Makassar, Indonesia Reslawati, Reslawati; Fauziah, Fauziah; Amir, Muhammad; Wahab, Abdul Jamil; Rosidi, Achmad
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/jtcaqt69

Abstract

This study examines the role of halal certification bodies in safeguarding production safety, identifies the challenges encountered in the certification process, and analyzes the implications of halal certification for strengthening the competitiveness of MSMEs in Makassar City, South Sulawesi. Employing a qualitative case study design, data were collected through in-depth interviews with purposively selected informants, complemented by participant observation and document analysis. The data were analyzed using thematic analysis with source and methodological triangulation to enhance the credibility of the findings. The results demonstrate that halal certification bodies play a pivotal role in ensuring production safety by conducting compliance audits, verifying production processes, facilitating laboratory testing, and providing technical guidance on halal assurance standards. Halal certification also enhances consumer confidence, broadens market opportunities, stimulates product innovation, and improves the income and competitive capacity of MSMEs. Nevertheless, the effectiveness of the certification system is constrained by high certification costs, bureaucratic complexity, and inadequate technical support, particularly for small-scale enterprises. The findings underscore the importance of stronger collaboration among government agencies, halal certification institutions, universities, and business actors to develop a more efficient, inclusive, and sustainable halal certification ecosystem that supports regional halal industry development and MSME competitiveness
Trust, Technology, and Zakat: Understanding the Participation of Productive Muzakki Among Young Professionals in Islamic Philanthropy Maghfirah, Maghfirah; Anto, Irma Romi; Maulidizen, Ahmad; Syahrin, M. Alpi; Setiawan, Alfiandri
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/fj4a8z24

Abstract

The sustainability of zakat institutions in contemporary Muslim societies increasingly depends on the active participation of young professionals as productive muzakki. However, declining institutional trust and the rapid expansion of digital philanthropic platforms have reshaped patterns of religious giving. This article examines the interrelationship between trust, technology, and zakat participation among young professionals, focusing on how digitalization influences perceptions of accountability, transparency, and religious legitimacy in Islamic philanthropy. Employing a qualitative library-based approach, this study critically analyzes classical fiqh literature, contemporary Islamic economic thought, and recent interdisciplinary scholarship on digital religion and philanthropic behavior. The analysis reveals that trust functions as a multidimensional construct encompassing institutional credibility, procedural transparency, and perceived alignment with Islamic ethical values. Digital technologies—such as online payment systems, mobile applications, and data-driven reporting—emerge as double-edged tools: while they enhance efficiency and accessibility, they also generate new forms of skepticism related to data integrity, commodification of worship, and shifting religious authority. Among young professionals, zakat participation is increasingly shaped by rational-ethical considerations, including measurable social impact, governance standards, and value congruence, rather than purely normative obligations. This article argues that productive muzakki engagement in the digital age requires a reconceptualization of zakat governance that integrates technological innovation with ethical accountability and maqāṣid-oriented objectives. By proposing a conceptual framework linking trust formation, digital infrastructure, and religious motivation, this study contributes to broader debates on Islamic philanthropy, digital religion, and faith-based social finance. The findings offer theoretical insights for scholars and practical implications for zakat institutions seeking to strengthen legitimacy and long-term engagement among younger, professionally active donors.
Legal Protection for Micro, Small, and Medium Enterprises in Aceh: Conflict between the Banking Law and the Qanun on Islamic Financial Institutions Yusri, Yusri; Fahmi, Chairul; Muazzin, Muazzin; Fitri, Ria; Rasyid, Laila 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/x0zr9x17

Abstract

This study aims to analyze legal protection for Micro, Small, and Medium Enterprises (MSMEs) in Aceh Province amidst the contestation between the National Banking Law, the Qanun on Sharia Financial Institutions (LKS), and the obligation to halal certification. Since the enactment of Aceh Qanun Number 11 of 2018, the banking system in Aceh has undergone a total transformation towards sharia, which has created challenges in capital accessibility and regulatory harmonization. On the other hand, the Halal Product Guarantee Law requires certification for all MSME products, with a transition deadline for micro-enterprises until 2026. This study uses empirical legal methods, analyzed with the theory of asymmetric autonomy and legal pluralism. Data were collected by referring to document studies and in-depth interviews. The study concludes that legal protection is needed for MSMEs in Aceh, which still face structural obstacles due to disharmony between central and regional regulations and limited sharia-supporting infrastructure. Therefore, from the perspective of the theory of asymmetric autonomy, it provides space for the formation of regulations tailored to the sociological and philosophical characteristics of the Islamic-based Acehnese society. Legal pluralism also makes it possible to harmonize state law, Islamic law and customary law so that they can live side by side de facto and de jure. The research recommends strengthening the operational technical regulations of the Qanun LKS and integrating the halal industry ecosystem through a more inclusive Sharia People's Business Credit (KUR) financing scheme to ensure the economic sustainability of the Acehnese people.
An Integrative Framework for Transforming Fiqh Learning in Pesantren: Turāth, Maqāṣid al-Sharīʿah, and Digital Pedagogy Abdullah, Rusdi; Sahari, Sahari; Rahman, Abdul; Nuraini, Amalia; Hajriana, Hajriana
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/z56q8d59

Abstract

This study examines the transformation of fiqh learning in Islamic boarding schools using a qualitative approach with a multi-site case study design in three Islamic boarding schools, namely Al-Falah Banjarbaru (South Kalimantan), Hidayatullah Balikpapan (East Kalimantan), and Al-Bayan Makassar (South Sulawesi). Data were collected through in-depth interviews, participant observation, and document analysis with fiqh instructors, curriculum managers, and teachers in the three locations. The results of the study show five main findings, namely (1) the transformation of the learning paradigm from teacher-centered to student-centered has taken place with varying intensity in each Islamic boarding school; (2) the integration of turath and contemporary issues has become a shared awareness of teachers, but its implementation is still sporadic; (3) the digitalization of fiqh learning is still in its early stages; (4) the maqashidiorientation is implicitly embedded in the teachers' pedagogical vision; and (5) the bahtsul masāil model, legal case studies, and direct practice have the greatest potential as a bridge between tradition and innovation. This research formulates a learning transformation framework as an original conceptual model that integrates three pillars: turath as the epistemological basis, maqāṣid al-sharīʿah as a contextual analytical framework, and digital pedagogy as an adaptive learning strategy in a complementary and non-substitutive dialectical relationship. This framework offers a maqāṣid al-sharīʿah approach as an alternative to the traditionalism-modernism dichotomy in Islamic boarding school education and provides operational guidance for the development of a fiqh curriculum that is responsive to contemporary needs without sacrificing the authenticity of traditional knowledge.
Qur’anic Interpretation of Khamr and Zina in MUI Fatwas: A Multidimensional Maqāṣid al-Sharī‘ah Analysis Hariyadi, Muhammad; Era Elraisy, Tharekh; Nasirin, Nasirin; Nurkholilah, Siti; Syafruddin , Wahid
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/wwkrhg70

Abstract

This study addresses two research questions: how are Qur'anic verses on khamr and zina interpreted in the fatwas of the Indonesian Council of Ulama (MUI), and to what extent do these interpretations reflect Jasser Auda's multidimensional maqāṣid al-sharī‘ah approach? This study employs a qualitative field research method using in-depth interviews with members of the MUI Fatwa Commission and document analysis of relevant MUI fatwas. The collected data were analyzed descriptively and analytically through Jasser Auda's multidimensional framework, focusing on linguistic, socio-historical, temporal, purposive, and object-related dimensions of Qur'anic interpretation. The findings demonstrate that MUI fatwas on khamr and zina substantively employ a multidimensional pattern of Qur'anic interpretation. In the case of khamr, this approach is reflected in the gradual understanding of the relevant verses, the distinction between khamr and alcohol, and the emphasis on the protection of intellect (ḥifẓ al-‘aql). In the case of zina, it is reflected in the shift from a sanction-oriented interpretation toward the protection of lineage, human dignity, and public welfare. Although MUI has not explicitly formulated its fatwa methodology within Jasser Auda's theoretical framework, its legal reasoning substantially corresponds to the multidimensional maqāṣid al-sharī‘ah approach. This study therefore contributes to strengthening maqāṣidī Qur'anic interpretation and enriches contemporary Islamic legal studies on the relationship between Qur'anic interpretation, fatwa formulation, and the objectives of Islamic law.
Kafaah as a Tool of Social Legitimacy in Marriage: An Empirical Analysis of Maslahah and Discrimination in Banda Aceh City Solin, Siti Dian Natasya; Zubaidi, Zaiyad; Abdul Muthalib, Salman; Abdussalam, Izuddin
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: 10.22373/04708r49

Abstract

This study examines kafa'ah as a tool of social legitimacy in marriage by examining the tension between the goal of maintaining maslahah (maintaining benefits) and the potential for discrimination that arises in the practices of the people of Banda Aceh City. Historically, kafa'ah was formulated in classical Islamic jurisprudence to maintain family harmony, but in the modern context, this concept often shifts into a social selection mechanism that gives rise to rejection of marriages based on lineage, economics, education, or social status, including in certain communities such as sayyid-syarifah and families with high dowry demands. To examine this phenomenon, this study uses a socio-legal approach by combining a review of Islamic jurisprudence literature, an analysis of Islamic family law regulations, and empirical data from interviews with victims of discrimination, religious leaders, and academics. The findings indicate that the expansion of kafa'ah criteria beyond religious and moral aspects is more influenced by socio-historical constructions than normative sharia considerations, so that its practice often reinforces social hierarchies and creates exclusion of certain individuals or groups. This study concludes that kafa'ah needs to be reconstructed as a flexible social consideration and should not be used as a basis for limiting the right to marry, so that it remains in line with the principles of maslahah, justice, and the goals of Islamic family law in realizing a harmonious family.
Women and Domestic Violence in Bone, South Sulawesi: Sociological Perspectives, Legal Awareness, and Gender Abidin, Kurniati; Latif, Hamzah; Faturrahman, Faturrahman; Azzahrah, Waode Mabrukah; Makkarateng, Ma’adul Yaqien
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: 10.22373/7bpj4837

Abstract

Domestic violence remains a social problem affecting many women in Indonesia, reflecting gender inequality rooted in social and legal structures. This study aims to understand the decision-making process of female victims of domestic violence who choose not to report their experiences. The study employed empirical legal methods, analyzed using theories of legal sociology, legal awareness, and gender. Data were collected through observation, interviews, and document studies. The informants interviewed included female victims, victims of violence, academics, and religious leaders. The data analyzed consisted of primary and secondary data. The results show that the decision to remain silent is not merely a result of fear or powerlessness, but rather a form of rational, reflective agency within limitations. This decision is formed through the accumulation of social factors, patriarchal culture, and unequal gender power relations in society, which place women in a subordinate position. Furthermore, the meaning of law for female victims is understood as a masculine social force and is far from their lived experiences, so that formal law loses its relevance in providing protection. The solution offered is that concrete steps are needed in the future from the government and related institutions, religious leaders, and communities to provide legal protection, build awareness, and provide equal education so that women can obtain justice. These findings enrich sociological, legal and gender awareness studies by showing that the experiences of female victims of domestic violence are a real struggle in facing an unjust social system.
Justice for Women in Divorce Cases before the Religious Courts of Southeast Sulawesi: Feminist and Legal Pluralist Perspectives Hakim, Guswan; Heryanti, Heryanti; Nur, Jabal; Suwarti, Suwarti; Abdul Jalil, Siti Misnar
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/j0wnq570

Abstract

This study examines the legal construction of contested divorce within Indonesia's Religious Court system through the analytical lenses of feminist legal theory and legal pluralism. It argues that contested divorce represents the institutional adaptation of Islamic family law within the national legal system and has significant implications for women's legal rights and access to justice. Employing an empirical legal research approach, the study integrates the analysis of legal norms with the realities of judicial practice in the Religious Courts of Southeast Sulawesi. The research draws upon feminist legal theory and legal pluralism as its principal theoretical frameworks. Data were collected through document analysis and semi-structured interviews. Documentary sources included Religious Court divorce statistics, statutory regulations, judicial decisions, scholarly books, and peer-reviewed journal articles, while interviews were conducted with Religious Court judges and legal scholars from universities in Southeast Sulawesi. The findings demonstrate that the increasing prevalence of contested divorce reflects women's growing legal consciousness and their willingness to assert their rights through formal judicial mechanisms.  Rather than occupying a passive position within marital relationships, women increasingly utilize legal institutions to challenge unequal or harmful marriages, indicating that the Religious Court system has become a more accessible avenue for seeking justice. In this respect, contested divorce may be understood as a positive indicator of expanding access to justice. although it simultaneously reveals persistent structural inequalities within marriage and the broader legal system. From the perspective of Islamic law, the institutionalization of contested divorce represents a process of normative adaptation through which the Religious Courts have reinterpreted classical Islamic legal principles in light of contemporary demands for justice, legal protection, and gender equality. Viewed through the framework of legal pluralism, the study further finds that contested divorce emerges from the interaction among state law, Islamic law, and customary (adat) law. 
Islamic Hospitals in the Indonesian Health Legal System from the Perspective of Maqāṣid Al-Sharī’ah Darodjat, Rafan; Imamulhadi, Imamulhadi; Setiawati , Ria; Aisyah , Herini Siti; Eddyono, Luthfi Widagdo
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/e5jn2p23

Abstract

As a country with a Muslim majority population, Indonesia has a need for faith-based health services, but there is a disparity between this need and the available institutional capacity. The national health system still faces challenges of structural inequality and accessibility barriers that hinder justice for vulnerable groups. The Islamic principle of Rahmatan lil 'Alamin (mercy for the universe) underlies that Sharia Hospitals are not exclusive institutions for Muslims, but rather a universal service model that brings benefits to all humanity without distinction of social status. This study uses empirical legal methods, analyzed with the theory of maqāṣid al-sharī’ah. Data were collected referring to document studies and field observations. The theory of maqāṣid al-sharī’ah is a principle in Islamic law that is used as an analytical framework in Islamic health governance. The results of the study provide concrete evidence that the development of health facilities based on the values ​​of justice and protection of life (hifz an-nafs) can strengthen the national health system. This study demonstrates the emergence of a service model that increases accessibility through the use of Sharia contracts such as ijarah and wakalah, as well as the transparent management of Islamic social funds (ZISWAF). The Islamic principle of Rahmatan lil 'Alamin underpins Sharia Hospitals, also as a universal service model that benefits all humanity regardless of social status. Therefore, this study confirms that Sharia Hospitals can function effectively as inclusive instruments in achieving equitable health standards by integrating religious ethical values ​​with the social goals of the state

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