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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 446 Documents
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Maslahat as Considerations of Islamic Law in View Imam Malik Syarifuddin, Said
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): 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.v4i1.6754

Abstract

This study aims to reveal the view of Imam Malik about maslahat as an independent proposition in the determination of Islamic law. Trying to explain the terminology of maslahat, uncovering the dimensions of maslahat in the determination of Islamic law, analyzing maslahat as a basis of Islamic law that stands alone to establish Islamic law according to Imam Malik, and citing examples of Imam Malik's fatwa based on consideration of maslahat. This paper is a qualitative descriptive study using a multidisciplinary approach including normative, philosophical, and sociological approaches. This study shows that maslahat contains two sides, namely attracting or bringing benefit and rejecting or avoiding harm in order to maintain the goals of shari'ah, the establishment of Islamic law aims at realizing human benefit that is universal, generally accepted and lasting for all humans and in all circumstances. Imam Malik is of the view that maslahat can be used as a basis for independent legal considerations, without the need for legitimation of the shar'i proposition. For example, Imam Malik establishes the saliva of a holy dog. The fatwa is not in line with the instructions of the hadith that classify it as unclean. Imam Malik was not the first scholar to settle such a law, but his companions had experienced such cases, they then resolved these problems by issuing fatwas that were "contrary to" the instructions of zhahir nas. Therefore, the renewal of Islamic law can be done through maslahat considerations, such as those taken by Imam Malik, in order to provide legal answers to problems faced by the community, so that Islamic law appears to live dynamically in a society that continues to experience changes and developments.
The Practice of Buying and Selling During Friday Prayer in Mandailing District Natal: A Study With A Maqashid Al-Syari'ah Approach Hamid, Asrul; Putra, Dedisyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.7575

Abstract

Islam, as a complete religion, regulates all human life. It regulates vertical ritual worship to Allah Almighty and regulates horizontal worship, namely the relationship between humans, so balance is needed in life. Humans as social creatures created by Allah need each other and cannot be separated from muamalah affairs such as buying and selling to fulfill their needs. Buying and selling is also a daily activity for everyone to meet the needs of their lives. Everyone who does buying and selling must know the law of buying and selling so that no one is harmed, especially the practice of buying and selling when Friday prayer are performed. Thus, the practice works under the provisions of Islamic law. Hablum minannas in the practice of muamalah towards fellow human beings must be in line with hablum minallah based on the guidance of Islamic law. Broadly speaking, Islamic law itself is divided into two; worship and muamalah. Muamalah is the rules (laws) of Allah Swt, intended to regulate human life in worldly affairs of a social nature. In this discussion, the author will explain the law of buying and selling during Friday prayer in Mandailing Natal Regency: a study with a maqashid al-syari'ah approach. This research is descriptive-analytical with the field study research through a normative, empirical approach. The results of this study is that the law of buying and selling that reaches the degree of urgency during Friday prayer is permissible with the aim of more significant benefit, namely protecting the soul (hifdzun an-Nafs) and (hifdzun al-Aql). This law applies in buying and selling medical drugs at pharmacies, hospitals, and other vital objects.
Mediation In Settlement of Joint Marital Property Disputes: Study At Tanjung Karang Religious Court, Lampung Syafei, Ermi Suhasti; Djazimah, Siti
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.9039

Abstract

In general, after a divorce, there are frequent disputes relating to joint marital property.   The settlement of joint marital property disputes can be carried out through a mediation process applied through litigation (court) and non-litigation (outside court). The settlement of joint marital property disputes is one of the absolute jurisdictions of Religious Courts. The number of joint marital property cases successfully mediated in Religious Courts throughout Indonesia in 2018 was 6.2%, in 2019 was 5,5%. This paper describes the factors that cause unsuccessful mediation in settling disputes over joint marital properties at Tanjung Karang Religious Court, Lampung. This empirical study with qualitative analysis and a normative juridical approach interviews mediator judges, disputants, and advocates. The research results show that the implementation of the mediation process in settlements of joint marital property disputes at Tanjung Karang Religious Court in the last four years is 15.1%, which is in the low category. Factors that influence the unsuccessfulness of mediation in joint marital property disputes at Tanjung Karang Religious Court are the absence of the parties, the disputed object, and the intervention of third parties (family, friends, and lawyers).
Revitalizing the Role and Function of the Mosque as a Center for Da'wah Activities and Community Development Usman, Iskandar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020): 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.v4i1.7050

Abstract

Prophet Muhammad SAW was the first to build a mosque and he has given a very strategic role to the mosque and functioned optimally as a center for da'wah and fostering activities of the people. The Prophet Muhammad SAW was the bearer of the Divine message which was the most successful in conveying Islamic teachings and the most successful in fostering the Ummah. In less than 23 years, Rasulullah SAW succeeded in conveying the teachings of Islam perfectly and gained a very large number of followers and at the same time managed to foster the ummah into a civil society with high civilization and noble character. From one of the first mosques built by Rasulullah SAW in Quba, there are now millions of mosques throughout the world. But the role and function of mosques, in general, have experienced a lot of degradation, less functioning as a center of worship and Islamic culture, as practiced by Rasulullah SAW, more mosques only function as places of worship, instead, there are mosques which are only used as places for Friday prayers, whereas prayer the other five times are not held in the mosque in the congregation, because Muslims are not disciplined in keeping their prayers in congregation. This article would like to convey some thoughts, ideas, and ideas for the revitalization of the mosque as a center for preaching and fostering activities of the people.
Legal Policy of Child Marriage In the Covid-19 Pandemic Period Subchi, Imam; Arsadani, Qosim; Helmi, Muhammad Ishar; Faridho, Efin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.10570

Abstract

The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.
A Comparative Analysis of DSN-MUI Fatwas Regarding Murabahah Contract and the Real Context Application (A study at Islamic Banking in Aceh) Ibrahim, Azharsyah; Salam, Abdul Jalil
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.8845

Abstract

The National Sharia Council-Indonesian Ulama Council (DSN-MUI) has issued 11 fatwas (a formal ruling on a point of Islamic law) related to murabahah for parties in economic transactions. However, in the initial study, several indications of the dissonance between the clauses in the fatwa and the practice of Islamic banking were found. This study aims to analyze the application of murabahah contracts in Islamic banking in Aceh. Several Fatwas declared by the National Sharia Council - Indonesian Ulama Council (DSN-MUI) that are related to murabahah were used as an analytical tool to assess the shariah value of the contract in financing practice at Islamic banking in Aceh. This study used a descriptive qualitative method, particularly, a critical study approach. Data were collected using: 1) interviews with bank employees and customers, 2) participant observation in which researchers were directly involved in the process of financing application at several Islamic banks, and 3) documentation studies of resources related to the fatwas. The results showed that the practice of murabahah financing conducted by Islamic banking in Aceh was not fully in accordance with the fatwas stipulated by the DSN-MUI. The results of the analysis showed that the discrepancy lies in the following matters such as ownership of goods, 'coercion' in the use of murabahah contracts, and the inappropriate use of 'wakalah'or contract assistant. The study also revealed that the practice of murabahah in this method has both positive and negative economic implications for banking customers and the banks, especially with regards to profits, calculations of credit ceiling, and customers’ image and trust.
The Milk Al-Yamin Concept as a Validity of Sexual Relationship in a Modern Context: an Analysis of Muhammad Syahrur's Thoughts Hasballah, Khairuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020): 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.v4i2.7068

Abstract

In the understanding of fiqh turats, the concept of milk al-yamin is affecting the legal protection for oppressed slaves during the Jahiliyah period. According to Syahrur, the concept of milk al-yamin had similarities and differences with the marriage contract. The similarity lies in the ability to have sexual relations, while the difference is that a marriage contract is not merely a sexual relationship, but it has a legal effect on the production of the rights and obligations of a husband and wife to build a family, and other social activities related to mushaharah. Milk al-yamin does not arrive at the emergence of rights and obligations as husband and wife as a result of a marriage contract. The concept of milk al-yamin that Syahrur understands for the present context is how the legal proposition (the Quran) remains suitable with the current era, not to be eradicated historically because it is no longer relevant. He built a new logic for the concept of milk al-yamin in the present context, which is called ‘aqd ihsan. The concept of milk al-yamin understood by Syahrur enables the authorization of contractual marriages or mut'ah which were abolished according to the Sunni school of fiqh. The concept of contract marriage or mut'ah does not have general marriage conditions, because the purpose is not to build a family, but purely sexual relations, and does not belong to the category of formal marriage, although at the same time it is not haram. In consequence, the concept of milk al-yamin is not becoming a basis for legitimizing nonmarital sexual relations.
Examining Prisoners’ Family Resilience Wassalim, Figur Ronggo; Nizar, Muchamad Coirun; Madrah, Muna Yastuti
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.9143

Abstract

This study focuses on prisoners’ family resilience in the village of Tambakrejo, Semarang. Ideally, family resilience is achieved when the rights and obligations of the household are fulfilled. It is though difficult for prisoner’s families to reach such an ideal condition due to the absence of husbands/fathers. The absence of these important figures results in family vulnerability. By using the qualitative approach, this research explores the condition of seven prisoners’ families in Tambakrejo village, Semarang city. The results of this study indicate that the families of prisoners in Tambakrejo village seem to be resilient.  The prisoner’s families in Tambakrejo are resilient because of some factors.  First, there are strong commitment from both husbands and wives.  Second, the presence of the child encourages the marriage couples to hold firmly on their marriage commitment, and third, each party tries to always think positively about their respective partners. However, there are also inhibiting factors affecting families’ resilience, including family financial issues, communication problems, and social sanctions. Based on those indicators, the families of prisoners in Tambakrejo can be categorized as having a low level of family resilience. However, the integrity of prisoners’ families in Tambakrejo Semarang can be maintained with commitment and persistence in keeping the purpose of their marriage.
The Implementation of Meunasah-based Sharia in Aceh: A Social Capital and Islamic Law Perspective Nurdin, Abidin; Kasim, Fajri M.; Rizwan, Muhammad; Daud, Mahmuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): 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.v5i2.10710

Abstract

This research examined meunasah as the social capital in implementing Islamic law in Aceh. It aimed to explain the social capital of meunasah concerning its role and functions in supporting the Islamic law implementation in Aceh. This research has its root in studying the sociology of law, emphasizing the empirical legal analysis within the society. The researchers used social capital, which consisted of cognitive and structural aspects as a theoretical framework, and interviews, literature study, and observation, as the data collection methods. This study found that meunasah had a central position in Acehnese society as a center for religious activities, a place to learn the Qur’an, social activities, and as a customary institution. Since time immemorial, meunasah has played a central role as a center for community activities at the gampong level. Even though meunasah had transformed itself into a mosque in urban areas, its function and role remained as a place for internalizing the Islamic law principles, as a medium for socializing Islamic law, and as a center for religious, social activities. This study argues that meunasah can still be the ‘glue’ of social networks with its religious, social, and customary values as a cognitive, social capital. On another side, imuem meunasah can be considered a structural social capital. Meunasah, as part of social institutions, can support social order and order, which is a social function of law. Without the support of meunasah as a cognitive social capital, the researchers argue that Islamic law will be difficult to be internalized in society.
The Roles of Families in Combating Drugs Uses, Violence and Terrorism Nasution, Khoiruddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): 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.v5i1.9512

Abstract

This paper aims to strengthen the opinion or the concept suggesting that family roles are significant in the attempt to overcome drug uses, violence and terrorism in Indonesia. This is a qualitative research, in which sources of data were literary works, such as academic books and articles.  The article refers to Berger’s theory of social construction during the first stage in the process of externalization out of three stages: externalization, objectification and internalization, which lead to transformation of social actions, which then shape people’s habits. Meanwhile, in the effort to control Social Actions or control people’s habits, the article refers to preventive and repressive efforts, while in terms of the process of social control; the article refers to persuasive, coercive and curative efforts. Our findings suggest that three main social problems: first, drug uses, violence against children, wives, and husbands and terrorism are still main social problems in Indonesia, which require serious, substantial and sustainable efforts to find effective solutions.However, population growth also needs attention even though it is not as vital as others mentioned earlier; second, there are several important reasons and/or factors that problem of drugs, violence and terrorism persist in Indonesia, one of which is the failure of the family to take important role in guiding its members;third, based on our reviews of literature, we conclude that to maximize roles of family, marriage couples should be knowledgeable and competent in keeping their family runs well. For that reason, it is paramount important for marriage couples to educate themselves regarding their roles and responsibilities within the family life. This can be done through taking the pre-marriage courses for those who are about to get married. In fact, marriage couples should persistently educate themselves through many means and channels.

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