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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 560 Documents
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Implementation of Islamic Inheritance Law in Bulukumba, South Sulawesi: Community Knowledge and Attitudes and the Opinions of Scholars and Intellectuals Mustari, Abdillah; Widjaja, Abdi; Herawati, Andi; Ma’ruf, Amar; Ilmi , Ani Auli
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/tc91dw97

Abstract

This study aims to analyze the relationship between the level of knowledge and attitudes of the community towards Islamic inheritance law in Lembanna Village, Bontobahari District, Bulukumba Regency. This study uses a combined quantitative and qualitative research method. Qualitative research uses a quantitative correlational approach, this study involved 95 randomly selected respondents aged 30 to 55 years. Data were collected through knowledge tests and Likert scale attitude questionnaires. Data were analyzed using Pearson Product-Moment correlation with the help of SPSS. While the quantitative method was carried out by in-depth interviews with academics, scholars, intellectuals, religious leaders and women leaders, then analyzed with the theory of maqāṣid al-sharī'ah. The results showed that the majority of respondents had a moderate level of knowledge and showed a neutral attitude towards Islamic inheritance law. The correlation test revealed a statistically significant positive relationship between knowledge and attitudes (r = 0.363; p < 0.05). This indicates that the higher a person's level of knowledge about Islamic inheritance law, the more positive their attitude towards its implementation. This study emphasizes that Islamic inheritance law must be reinterpreted from the perspective of the maqāṣid al-sharī'ah so that the law is not merely normative but rather provides gender and distributive justice, taking into account social changes in accordance with the views of Islamic scholars and intellectuals. This study contributes to the development of Islamic law and social psychology studies and emphasizes the importance of increasing knowledge as a foundation for promoting the acceptance and practice of Islamic law in a pluralistic social context.
Siyāsah Dauliyah and the Global Crisis: A Fiqh Siyasah Perspective on the U.S.–Israel–Iran Conflict and Indonesia’s Strategic Role in Peace Diplomacy Jumat, Gani; Baso Malla, Hamlan Andi; Ahmadan, Ahmadan; Mera, Nasaruddin; M. Said, Idrus
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: 10.22373/7racgc30

Abstract

Geopolitical tensions between the United States, Israel, and Iran have developed into one of the most dangerous hotspots in today's world political constellation. This reality confirms that the dynamics of contemporary warfare have transcended traditional geographic boundaries and demand a response that blends diplomatic dimensions with deep ethical considerations. In the midst of such complexity, the tradition of Islamic political thought offers a relevant perspective through the concept of siyāsah dauliyah a normative framework in fiqh siyasah that governs the relationship between nations. This concept lays the foundation for the values of justice, recognition of the sovereignty of other states, loyalty to the pacts and agreements concluded, as well as strict restrictions on the use of armed violence. This study intends to examine the trilateral conflict using the lens of siyāsah dauliyah as the main analytical lens. Methodologically, this study relies on a qualitative approach by combining literature studies and normative studies on the treasures of Islamic political jurisprudence, combined with the latest international relations literature. The findings reveal that the spirit of siyāsah dauliyah actually puts forward the peaceful path - through negotiations, open communication, and multilateral cooperation as the main mechanism for resolving disputes between countries, not through armed confrontation. Interestingly, this orientation has a strong resonance with Indonesia's foreign policy doctrine known as the "bebas aktif" principle."Indonesia's commitment to continuously promote the alleviation of tensions and peaceful settlement of international disputes reflects similar values. Furthermore, Indonesia's willingness to take on the role of a dialogue facilitator or potential mediator in the US–Israel–Iran conflict shows the country's seriousness in realizing global peace. Thus, the integration of ethical principles from the Siyasah Fiqh tradition into contemporary diplomatic practice has the potential to strengthen Indonesia's capacity as a significant actor in conflict resolution and international peacebuilding efforts.
Interfaith Waqf in Central Kalimantan: Transformation of Islamic Financial Institutions from the Perspective of Legal Pluralism Aswad, Muhammad; Wakhidah, Nur; Qomar, Mujamil; Majid, Abdul; Muh. Arief Budiman
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/end3b419

Abstract

Waqf has long been conceptualized as a form of religious endowment governed by established doctrinal and institutional frameworks. However, contemporary practices in plural societies increasingly challenge this conventional understanding. In particular, interfaith expressions of waqf invite a reconsideration of the boundaries of Islamic social finance and its capacity to adapt within diverse social settings. This study seeks to analyze how interfaith waqf practices reshape the normative, social, and institutional dimensions of waqf, while also examining their implications for social cohesion and processes of institutional transformation. This research adopts a qualitative field-based approach, utilizing in-depth interviews, direct observation, and documentary analysis conducted in Tewah District, Central Kalimantan. The findings indicate that waqf may originate from non-Muslim actors and operate as a socially embedded practice sustained through interfaith collaboration, shared ethical commitments, and forms of legitimacy rooted in community recognition. At the same time, the lack of formal legal acknowledgment points to a persistent gap between regulatory structures and lived social practices. The study concludes that interfaith waqf can be understood as an adaptive and practice oriented form of Islamic social finance, in which institutional change is shaped primarily by everyday social interactions rather than formal legal arrangements. These findings emphasize the importance of developing a legal pluralism approach that is more responsive to local contexts, and contributes to efforts to reconceptualize waqf as an inclusive institution rooted in social realities in plural societies.
Qanun Jinayat from the Perspective of the Legal System: A Study of Understanding, Acceptance, and Implementation in Aceh Mutia, Isna; Bin Ahmad, Khadher; Binti Che Omar, Siti Azwanie; Zehan Saari, Nur Faizatul; Bahri, Samsul
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/gp264y12

Abstract

This study aims to analyze the understanding, acceptance, and implementation of the qanun jinayat, especially 'uqūbāt ta'zir, in the Banda Aceh community. Using mixed methods, analyzed using legal sociology, especially Friedman's legal system theory. Quantitative data were collected from 300 respondents through systematic sampling (Krejcie and Morgan formula) and analyzed descriptively using SPSS 21.0. Qualitative data were obtained through in-depth interviews with officials of the Islamic Sharia Office of Banda Aceh City and Aceh Province, as well as expert interviews with Islamic law academics. The results of the study indicate an imbalance between its elements, namely the legal culture is relatively strong, indicated by a moderate level of understanding (52%) but has a very high level of acceptance of 'uqūbāt ta'zir (90%). In contrast, the legal structure is relatively weak, where 53% of respondents considered the implementation of 'uqūbāt ta'zir to be imperfect and 48.7% expressed dissatisfaction with the government's performance. Therefore, the enforcement of 'uqūbāt ta'zir requires institutional strengthening and continuous capacity building of law enforcement officials. Although Aceh's legal culture surrounding 'uqūbat ta'zir demonstrates strong normative acceptance alongside moderate legal understanding, its legal structure remains weak, suggesting that institutional reforms must prioritize capacity, consistency, and accountability over mere norm dissemination. This study offers concrete steps to implement the Qanun Jinayat within the framework of the Unitary State of the Republic of Indonesia. Synchronization of central and regional laws and collective political policy support from all stakeholders are required so that implementation can run well and be beneficial for the people of Aceh as a whole.
The Legal Standing of Incestuous Fathers as Marriage Guardians: Islamic Law, Administrative Practice, and Social Impact in Indonesia Arisman, Arisman; Apriandi, Rudi; Yusrial, Yusrial; Ashim, Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 3 (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/b7bd0h27

Abstract

Incest between a biological father and his daughter raises serious issues in Islamic family law, particularly regarding the father’s legal standing as a marriage guardian (walī nasab). Although the father is normatively the primary guardian, his status becomes problematic when he is the perpetrator of sexual violence against his daughter, given the principles of substantive justice, child protection, and maqāṣid al-syarī‘ah. This article examines the legitimacy of an incest perpetrator as a marriage guardian through a normative–empirical approach, focusing on classical Sunni jurisprudence, national regulations, and the practices of the Office of Religious Affairs (KUA) in Gunung Kijang District. The findings show that the four Sunni schools generally recognize that a guardian who commits grave acts of immorality that threaten a child’s dignity and safety may lose his guardianship (sāqiṭ al-wilāyah). However, the absence of specific technical regulations leads the KUA to retain the father as guardian based on nasab, creating a gap between substantive norms and administrative practice and potentially causing revictimization. From the perspective of maqāṣid al-syarī‘ah, removing the guardianship of an incestuous father protects ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-‘irdh. The study therefore calls for policy reconstruction and stronger KUA institutional mechanisms to prevent revictimization in Islamic family law
The Dialectic of Customary Norms and Islamic Law: Social Restrictions on Widowers’ Remarriage in Aceh Abdullah Lawang, Karimuddin; Siagian, Nilasari; Makmur, Makmur; Rintaningrum, Ratna; Judijanto, Loso
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 3 (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: 10.22373/6ggemy21

Abstract

This study analyzes the dialectic between customary norms and Islamic law in the social regulation of widowers seeking to remarry after the death of their wives, with particular focus on the sociocultural context of Pidie Regency, Aceh. In a communal society characterized by a matrilateral kinship system, there is a social expectation that widowers should demonstrate a period of mourning, empathy, and loyalty toward the deceased wife’s family by postponing remarriage. Although this expectation is not explicitly stipulated in formal provisions of either customary law or Islamic law, it has evolved into a mechanism of social control maintained through customary institutional structures, particularly the Aceh Customary Council (Majelis Adat Aceh). At the regency and sub-district levels. This study employs a descriptive qualitative approach by exploring the perspectives of community members, customary leaders, the deceased wife’s family, and widowers regarding the socially appropriate timing for remarriage. The findings indicate that such social restrictions constitute a form of normative compromise between customary values oriented toward family honor, kinship solidarity, and social stability, and the principles of Islamic law, which fundamentally do not prescribe a waiting period for widowers before remarrying. The dialectic between these two normative systems produces a hybrid norm that is not legally binding but possesses strong social influence and functions as a behavioral guideline within the Pidie community. These findings demonstrate that the relationship between customary norms and Islamic law does not necessarily take the form of subordination of one normative system to the other; rather, it may generate a process of negotiation and the formation of new social norms rooted in the local context.
Harmonization of Sharia Principles and Modern Guarantee Laws in Strengthening the National Islamic Banking Industry Nasution, Emmi Rahmiwita; Hanifah, Ida; Bima, Meirad Arianza; Rahayu, Rika
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 3 (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/zeqn1c68

Abstract

 The global expansion of the Islamic financial sector has positioned Indonesia as one of the important centers of Islamic banking. However, the development of this industry continues to face profound legal and epistemological tensions between the principles of fiqh muamalah and the positive legal framework inherited from the Dutch colonial system governing security interests and their enforcement. The main problem lies in the lack of harmonization between Sharia principles and the modern law of security interests, which affects legal certainty and creates the risk of Sharia non-compliance (Sharia Non-Compliance Risk). This study focuses on a doctrinal, conceptual, and comparative analysis of these incompatibilities, particularly the reliance on fiduciary security and mortgage rights, and aims to formulate a model for harmonizing Islamic security law in Indonesia. The research employs doctrinal, conceptual, and comparative legal approaches through an examination of legislation, DSN-MUI fatwas, Islamic legal scholarship, and literature on security law, as well as legal practices in Malaysia and the United Arab Emirates. The findings reveal normative gaps and fragmentation resulting from the reliance on conventional security instruments and Indonesia's decentralized regulatory paradigm operating through dual legal tracks. This condition also gives rise to what may be termed “regulatory theology,” namely, the use of religious norms as references without adequate methodological transformation into clear, consistent, and enforceable legal standards. As a theoretical and practical contribution, this study proposes the Maqashid-Integrated Sharia Guarantee Framework, which integrates maqashid al-shariah into the formulation and implementation of Islamic security law through the establishment of a lex specialis, the strengthening of DSN-MUI fatwas as binding positive law, the alignment of enforcement mechanisms with Sharia objectives, and the balancing of procedural efficiency with substantive justice. This framework may serve as a strategic blueprint for strengthening legal certainty, mitigating Sharia non-compliance and systemic risks, and supporting the sustainable development of Indonesia's Islamic financial industry
Gender, Politics and al-Qur'an: The Stance of Islamic Higher Education Institutions on Affirmative Action for Women in South Sulawesi Rosmini, Rosmini; Jufri, A.; Janna, Sitti Riadil; Nursidah, Nursidah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 3 (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/zfh3ex82

Abstract

This article analyzes the political orientation of the academic community at Islamic higher education institutions in South Sulawesi regarding affirmative action policies for women in local political contests, viewed from the perspectives of the Qur'an and maqāṣid al-sharī'ah. This study uses a mixed-methods approach with a sequential explanatory design, integrating quantitative and qualitative data. Quantitative data were obtained through a Likert-scale questionnaire to measure the cognitive, affective, and conative dimensions of political attitudes, while qualitative data were collected through in-depth interviews, Focus Group Discussion (FGD) and documentation. The qualitative data was then analyzed using maqāṣid al-sharī'ah theory. In accordance with the concept of gender in the Qur’an, which positions women as equal, balanced, and dignified. The results of the study show that normatively, the majority of respondents accept the principle of gender equality in the Qur'an, especially based on the concepts of musāwāh, 'adl mashlahah, and maqāṣid al-sharī'ah. However, at the level of local political implementation, the acceptance of affirmative action remains influenced by interpretations of qiwāmah, the misunderstood siri' culture within the Bugis-Makassar tradition, and patriarchal social constructs. This study confirms the tension between Qur'anic normative principles and local political practices, while showing that the contextual reinterpretation of Islam opens up a space of theological legitimacy for women's leadership. A contextual interpretation aligns with the principles of maqāṣid al-sharī'ah, enabling a role for women in politics and repositioning their status in a fair and dignified manner, without undermining the noble values ​​of the Quran.
Taxonomy of Radicalism-Terrorism Networks and Prevention Efforts in Aceh, Indonesia Zulkarnaen, Iskandar; Fauzi, Fauzi; Hidayat, Bimby; Affandi, Roseno Aji
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 3 (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: 10.22373/0d84m347

Abstract

This research is motivated by the fact that a series of terrorism-related incidents continues to occur in Indonesia, particularly in Aceh. The study aims to unravel the taxonomy of radicalism-terrorism networks and the efforts to counter them in Aceh. A qualitative method was employed, with data analyzed using Moghaddam’s "Staircase to Terrorism" theory and Tajfel’s social identity theory. Data were obtained through in-depth interviews, focus group discussions (FGDs), and a literature review. The research results show that the taxonomy of the radicalism-terrorism network in Aceh, it consists of three streams; (1) Salafi Wahabi who are not involved in terrorism; (2) Salafi Wahabi who adhere to jihadist ideology which is in the form of Jamaah Islamiah and is affiliated with the Al Qaeda network; (3) Salafi Wahabi who adhere to takfiri ideology which is ine form of JAD and is oriented towards ISIS. These last two groups are now nesting and spreading their networks in Aceh such as in Aceh Besar, Bireuen, North Aceh, East Aceh, Singkil and Aceh Tamiang. In mitigation and prevention efforts, three roles of the government can be carried out, namely; the role of regulator, dynamicator, facilitator and catalyst. Then, in overcoming the radicalism-terrorism movement, the Aceh government put forward collaborative governance through program approaches; preparedness, counter-radicalization, and deradicalization. Regarding efforts to counter radicalism and terrorism, the Aceh government prioritizes collaborative governance through a programmatic approach encompassing preparedness, counter-radicalization, and deradicalization. While the situation has not yet reached the sixth stage of Moghaddam’s theoretical framework, vigilance remains crucial to prevent acts of terrorism; meanwhile, the group's social identity has failed to garner public sympathy due to the strong influence of moderate Islam in Aceh.
Humanitarian Values in Interfaith Marriage in Ende Regency from the Perspective of Maqashid Shari’ah Maloko, M. Thahir; Malik, Ridwan; Chotban, Sippah; Ridwan, Muhammad Saleh
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 3 (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: 10.22373/2nzeqx44

Abstract

Interfaith marriage remains a controversial issue in Indonesia due to the tension between humanitarian values, religious freedom, and Islamic legal norms. This study aims to analyze humanitarian values in interfaith marriages in Ende Regency and examine their compatibility with the objectives of Maqashid Shari’ah. This research employed a qualitative method with a normative-empirical approach. Primary data were obtained through in-depth interviews with an interfaith married couple in Ende Regency, while secondary data were collected from the Qur’an, Hadith, legislation, fatwas, books, and relevant scholarly articles. The findings reveal that the couple interprets humanitarian values through love, mutual respect, tolerance, trust, and freedom of religious practice. Empirically, these values contribute to the creation of a harmonious family life characterized by open communication, respect for religious differences, and peaceful coexistence. However, from the perspective of Maqashid Shari’ah, such harmony remains problematic in relation to the protection of religion (hifz al-din) and the preservation of lineage (hifz al-nasl). The absence of a unified religious orientation within the family and the agreement to allow future children to choose their religion independently may affect the transmission of religious values across generations. This study concludes that although interfaith marriage may embody humanitarian values at the sociological level, its compatibility with the objectives of Islamic law remains debatable. Therefore, humanitarian values in Islam should be understood not only in terms of tolerance and individual freedom but also in relation to the protection of faith, family identity, and long-term spiritual welfare

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