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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 146 Documents
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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)
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.
Imeum Mukim Advocacy in Prevention of Environmental Pollution in Aceh Jaya According to Customary and Islamic Law Syahbandir, Mahdi; MAZ, Dahlawi; Alqarni, Wais; Samad, Munawwarah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10698

Abstract

This study aims to discuss the advocacy of imeum mukim in preventing environmental pollution in Aceh Jaya according to customary and Islamic law. The research is an empirical legal study, while the research approach is a case study approach, which is a study that analyzes a particular case. The theory used is the role and authority theory associated with customary and Islamic law. This study concludes that imeum mukim has a vital role and authority in Acehnese society because imuem mukim can resolve cases at the mukim level if it is unresolved at the village level. Then Imeum Mukim in Aceh Jaya has been advocating and socializing the prevention of environmental pollution by revitalizing customary rules, making qanuns at the mukim and village levels that accommodate the protection of the environment, for example, maintaining watersheds and prohibiting logging, including protecting certain animals. In addition, Imuem Mukim can also encourage CSR funds from companies to assist orphans, the poor, and environmental conservation. Furthermore, environmental pollution in the perspective of customary law is accommodated in customary rules and prohibitions. This is because customary law has philosophical, juridical, and sociological powers that have become living law. Meanwhile, in the perspective of the Islamic law that polluting the environment is a prohibition that brings God's wrath, it also destroys environmental sustainability and human benefit in general. On the other hand, preserving the environment is an obligation humans must carry out.
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)
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 Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court Devy, Soraya; Bahri, Syamsul; Ariga, Selamat; Aslam Ahmad, Muhammad; Buchary Budiman, Mumtazinur; Sri Wahyuni, Yenny
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10879

Abstract

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.
The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution Din, Mohd; Abubakar, Al Yasa'
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10881

Abstract

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.
The News of the Covid-19 Vaccine in the Media and Public Resistance in Indonesia: A Study of Islamic Law Sangaji, Ruslan; Basri, Halimah; Wandi, Wandi; Sultan, Muslihin; Rasyid, Nirwana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10892

Abstract

This article aims to examine media coverage of COVID-19 and the resistance of the Indonesian people. This research is a legal sociology study that discusses the public's response to government policies regarding the Covid-19 vaccine with an Islamic legal approach. The data is analyzed using critical discourse analysis. This study concludes that community resistance to vaccines has a relationship with online media content. News content of victims who died after the vaccine, information about vaccines that impact the human body to become sick in the long term, and information about raw materials or contents of the Covid-19 vaccine that are not halal, indirectly have implications for the community resistance. This refusal was mainly due to information about victims who had been vaccinated experienced vaccine failures, especially from social media such as YouTube, WhatsApp, and Facebook, which are sometimes difficult to justify. According to Islamic law, people should be careful about content and news regarding Covid-19 because it may not be accurate. Therefore, the government needs to provide solutions in various ways. First, the government oversees all social media in conveying information so that all news related to the COVID-19 vaccine needs to be more careful and wisely not to worry the public. Second, the government needs to re-strengthen media regulations or news coverage that doesn’t seem to work optimally. Moreover, the government's vaccine policy aims to prevent the danger of the virus, which guarantees the safety of people's lives, and it is part of maqâshid al-syarī'ah. Likewise, the government has involved the MUI, which has authority in the field of religious fatwas, so that the certainty that the vaccine is halal can be accounted for in Islamic law.
Identifying ‘Illat through Munasabah in Islamic Law: A Perspective of Imam Al-Ghazali Hasballah, Khairuddin; Darna, Andi; Said, Wardana; Akbar, Hajarul; Karim Makinara, Ihdi; Fauzan, Faisal
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10914

Abstract

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines. 
Religious Radicalism and Islamic Universities in Aceh: Between Campus, Environment and Family Ismail, Sanusi; Abubakar, Bustami; Matsyah, Ajidar; Thalal, Muhammad; Yahya, Hermansyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10958

Abstract

This paper discusses how Islam is understood, taught, and practiced at the State Islamic Religious Higher Education Institution (PTKIN) in Aceh, whether the contextual approach and tolerance towards difference approach are used, whether there is any indication of the development of religious radicalism, how PTKIN in Aceh positions itself towards this problem, and also, how the environment and family play their roles on this issue. This qualitative study collected data by means of observation, in-depth interview, documentation, and focus group discussion. The data were then analyzed in the following steps:  data reduction, data display, verification, and conclusion drawing. The PTKIN selected as research sites consisted of Universitas Islam Negeri Ar-Raniry Banda Aceh, Institut Agama Islam Negeri Zawiyah Cot Kala Langsa, and Sekolah Tinggi Agama Islam Negeri Gajah Putih Takengon. In general, the findings revealed that PTKIN in Aceh has been relatively free from religious radicalism. The teaching of Islamic studies at PTKIN in Aceh still adheres to the Qur’an, Hadith and authoritative references from various sources and time periods, from classical to contemporary books, and from moderate to contextual approaches that respect differences in understanding. The small potential and threat of religious radicalism at PTKIN in Aceh, in addition to the academic system built within PTKIN itself, are influenced by the socio-cultural and political environment in Aceh which is quite accommodating to the aspirations of Islamic law. Islam in Aceh today is relatively compatible with the state because the state has given the Acehnese peoplethe right to exercise Islamic law, not only in the private sphere, but also in the public sphere. However, there is one potential threat that needs to be aware of, which is the way to commute between home and campus; and, this particular space needs to be bridged properly so that students will not be recruited by exclusive Islamic groups without the knowledge of the campus and their families.
Sakinah Family Empowerment by Optimizing the Role of BP4 and Parents Mental Revolution Perspective Hariyanto, Erie; Hannan, Abd; Wahyudi, Arif; Susylawati, Eka; Tri Wahyu Faizal, Bhismoadi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.10965

Abstract

This study examines a sakinah family empowerment by optimizing the role of Badan Penasihat Pembinaan dan Pelestarian Perkawinan (Body for Marital Advisory Guidance and Maintenance (BMAGM)) and parents from a mental revolution perspective. There are three research questions: What is the so-called BMAGM? What and how is the correlation between the national revolution movement and sakinah family empowerment in Indonesia? What strategies are carried out in doing mental revolution in a family in order to have a sakinah family? This qualitative research collected both primary and secondary data. Three essential findings in this study are as follows. First, BMAGM is a legal social-religious organization whose particular duty is to cope with problems in a family. Second, there are three programs in the National Mental Revolution Movement (NMRM) as stated in the Presidential Instruction No. 12 of 2016 i.e. Indonesia in Order Movement (IOM) in point H/8; United Indonesia Movement (UIM) point J/10; Clean Indonesia Movement (CIM) point A/1. Third, in the perspective of the National Mental Revolution Movement (NMRM), parents’ role is essential. Therefore, parents are a strategic issue and should be prioritized in building sakinah family in Indonesia.
Adat and Islamic Law in Contemporary Aceh, Indonesia: Unequal Coexistence and Asymmetric Contestation Salim, Arskal
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021)
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.v5i2.11082

Abstract

Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach by considering the unbalanced relationship between adat and Islamic law and thus argues that both have been unequally coexisting and asymmetrically contesting with one another. Based on a lengthy ethnographic fieldwork and recurring visits to Aceh, this study discusses the ways in which adat of Aceh has been reinvigorated along with the official implementation of Islamic law in the past two decades. It includes efforts: 1) to establish adat bureaucracy, 2) to restore a cultural sovereignty of adat, 3) to retrieve adat rights to natural resources, and 4) to reinforce adat mechanism of dispute settlement. Despite all these efforts, however, adat appears to be subordinate and secondary.

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