cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota banda aceh,
Aceh
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 25 Documents
 1   2   3 
Search results for , issue "Vol 6, No 1 (2022)" : 25 Documents clear
Punishment for Zina Muḥṣān Offenders in Aceh Qanun No. 6 of 2014 in the Perspective of Fiqh al-Siyāsah Mutiara Fahmi; Nurhayati Ali Hasan; Iskandar Usman; Amiruddin Abdullah; Muhibuddin Hanafiyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.13363

Abstract

This paper attempts to answer the issue of punishment for zina muḥṣān offenders in Aceh Qanun No. 6 of 2014 from the perspective of fiqh al-siyāsah and the ways the law is implemented in closed spaces such as prisons per the Governor Regulation No. 5 of the 2018. This study is a legal study with a Islamic politic approach (fiqh al-siyāsah) with a literature study data collection method. The polemic of the implementation of the Qanun Jinayah (criminal regional bylaws) in Aceh not only receives attention from outside such as human rights and non-governmental organization activists, but also from among Islamic academics or Acehnese ulemas. One of the most discussed topics is related to ‘uqūbah (punishment) for fornicators that does not distinguish between muḥṣān (married) and ghayr muḥṣān (unmarried) fornicators as is the case in classical fiqh (Islamic jurisprudence) literature. Qanun Jinayah does not at all separate between muḥṣān and ghayr muḥṣān fornicators, unlike the provisions of Islamic law which prescribe a hundred lashes for ghayr muḥṣān fornicators and stoning to death for muḥṣān fornicators. This indicates that those who commit zina in Aceh, whether married or unmarried, are punished with the same severity, which is 100 (one hundred) lashes. Further, the issue of changing the place of the flogging execution from public to prison in accordance with Aceh Governor Regulation No. 5 of 2018 concerning the implementation of the jināyah (criminal) procedural law is also worth to study from the point of view of fiqh al-siyāsah (Islamic politics) and legislation. 
Men and Women in The Distribution of Inheritance in Mandar, West Sulawesi, Indonesia Ulfiani Rahman; Idham Idham; M. Dalif; Makmur Makmur; Anwar Sewang
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.9094

Abstract

In general, there are two patterns of inheritance distribution in Indonesia, based on Islamic and customary inheritance laws. This research specifically focused on the distribution of inheritance for men and women in Mandar by scoping the research area in Polewali Mandar Regency, West Sulawesi Province. This research is an empirical legal study using the sociology of law approach. Data collection techniques were obtained through literature study and interviews. The results showed that the Mandar people who lived in Polewali Mandar, West Sulawesi Province, considered that whether son or daughter earned the same sharing, there was no difference. The view that puts the same position between the two has influenced the legal treatment of inheritance. The distribution of inheritance in Mandar, especially for sons and daughters, was found in two patterns, namely, using Islamic inheritance patterns and customary inheritance patterns. This customary inheritance pattern is practiced in the form that they are no longer able to define, whether it is in the form of Islamic law or customary law, dividing the inheritance to their children to be managed by themselves, and some have shared the inheritance with their children, but the heir still manages the assets, and the house of the parents belongs to the youngest child, without distinguishing between the youngest son or the youngest daughter.
Cancellation of Marriage due to Negligence and Legal Consequences (Case Study on the Decision of the Pandeglang Religious Court, Banten No. 84/Pdt.G/2013/PA.Pdlg) Ahmad Sanusi; Yusuf Somawinata; Khoirul Anwar; Jamaluddin Jamaluddin; Arif Rahman
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.10230

Abstract

According to the Marriage Law, a person who will get married must meet the requirements and marriage principles as stipulated in their respective religions and beliefs as well as the administrative requirements. However, sometimes marriage registration process is not fully fulfilled, which then leads to the cancellation of the marriage. Marriage annulment is the cancellation of a husband and wife relationship after the marriage contract is held. The cancellation process may be carried out by the religious court if the parties do not meet the requirements to carry out the marriage, as stated in Article 22 of Law no. 1 of 1974 concerning marriage. This study will analyze the decision to annul the marriage and its legal consequences at the Pandeglang Religious Court. The research used content analysis, which is to analyze descriptively the content of court decisions with a normative approach. The results of this study are that the panel of judges granted the application for annulment of marriage with legal considerations and the existence of obstacles to marriage because it was contrary to the principle of marriage itself, namely the principle of monogamy. The reason was the Petitioner's negligence and the manipulation of Respondent I and Respondent II in attaching the administrative requirements of their marriage, in which the marriage occurred when Respondent I still had a legal wife. The annulment of the marriage leads to legal consequences for the child, and the assets possed during the marriage, as well as third parties. Thus, the annulment of marriage does not have a retroactive effect on the position of the child and third parties.
Syarifah Sungai Raya Aceh Timur: Marriage and the Struggle to Find Identity Budi Juliandi; Zulfikar Zulfikar; Syarifah Mudrika
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.9149

Abstract

Every society has its own characteristics and identity that distinguish them from the others. Their diverse backgrounds form different views. This study explores the struggle to find Syarifah's identity in Sungai Raya Aceh Timur, related to their marriage. This study is an empirical legal research that examines the application of law in the reality of society. The data collection technique used is by conducting in-depth interviews, observations and literature studies related to the discussion of marriage. This study concludes that most Syarifah Sungai Raya believe in the doctrine of Sayyid-Sharifah endogamy marriage. However, some cannot deny the fact that exogamous marriages also occur. The doctrine of endogamous marriage raises a new awareness of their identity as zurriyyat of the Prophet PBUH. Because of this, exogamous marriage is a last resort when the goal of endogamous marriage cannot be met.
Pre-Marriage Course Based on Religious Moderation in Sadd Al-Żarī'ah Perspective Ahmad Muhtadi Anshor; Muhammad Ngizzul Muttaqin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.9111

Abstract

This study intends to investigate pre-marital course practices based on religious moderation as an effort to oppose extremism. This is founded on the concept that the family is the smallest institution in a country, so it is very vital to develop a balanced attitude. The Ministry of Religious Affairs as the spearhead of this strategy has its own purpose in fulfilling this policy. One of the goals is how to genuinely avoid mafsadat early on. The concept of averting this mafsadat in the study of ushul fiqh and fiqh (Islamic law) is known as the sadd al-żarī'ah approach. This study is a literature review based on primary data from rules addressing the implementation of pre-marital courses. Meanwhile, secondary data were obtained from studies linked to the issue of this study. The content analysis method is used to derive findings. The findings in this study indicate that a pre-marital course focused on religious moderation as an effort to fight radicalism is a course model that provides training for future married couples to be moderate. Meanwhile, in the sadd al-żarī’ahperspective, a pre-marital course focused on religious moderation is a measure to prevent mafsadat.
The Construction of Religious Freedom in Indonesian Legislation: A Perspective of Maqāṣid Ḥifẓ Al-Dīn Anthin Lathifah; Abu - Hapsin; Ahmad Rofiq; M. Arief Hidayatullah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.10957

Abstract

The Indonesian state has legal provisions of religious freedom contained in the constitution and its derivatives legislation. This article aims to discuss religious freedom in Indonesian legislation from the perspective of maqāṣid hifẓ al-dīn. This study is the result of qualitative research using a content analysis approach. From the results of the discussion, it is known that the freedom of religion in Indonesian legislation includes freedoms to choose belief (Belief in One Supreme God), to worship, and to express religion. These provisions are in line with hurriyyah al-'i'tiqād Ibn 'Āsyūr and al-ḥurriyyah fī al-dīn al-Zuhailī regarding freedom of worship but are not in accordance with al-Zuhaili's opinion about freedom of belief, an area of personal choice when one may choose to be religious or not. The contradiction occurs because all Indonesian citizens must believe in One and Only God as the first precept of Pancasila and make six religions as religions recognized by the State as contained in Presidential Decree No. 1/1965 (PNPS Act). Therefore, it is necessary to reconstruct the law and values of religious freedom contained in the PNPS Act, especially in its implementation.
The Construction of Inheritance Law Reform in Indonesia: Questioning the Transfer of Properties through Wasiat Wājibah to Non-Muslim Heirs Asni Zubair; Hamzah Latif; Al Furqon Dono Hariyanto
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.12628

Abstract

This article examines the construction of inheritance law reform in the transfer of properties through wasiat wājibah to non-Muslim heirs. Questioning the jurisprudence of the Supreme Court which makes wasiat wājibah  as an alternative in giving inheritance rights to heirs who are prevented from getting an inheritance due to religious differences (non-Muslims). This study is an empirical legal study that examines the decisions of the Supreme Court relating to the transfer of inheritance to non-Muslims. The study concludes that in terms of inheritance law reform is an alternative in changing Islamic law that must be carried out in response to changes in community social conditions. The construction of inheritance law reform in judicial decisions has formulated inheritance law by giving inheritance rights to heirs of different religions (non-Muslims) by means of wasiat wājibah . The jurisprudence of the Supreme Court of the Republic of Indonesia has expanded Article 209 of the Compilation of Islamic Law by adding parties who can receive a wasiat wājibah, including heirs who are prevented from inheriting due to religious differences. The construction of inheritance law reform on the transfer of inheritance properties with wasiat wājibah  in the jurisprudence of the Supreme Court of the Republic of Indonesia has exceeded the quantitative limit in granting wasiat wājibah. The impression does not pay attention to the signs in the application of wasiat wājibah  by ignoring the maximum limit. Wasiat wājibah  as a solution is not unacceptable as inheritance law reform but must still guide the legal media used by considering the basic rules that surround it.
Deradicalism in The Family at Tahuna, Sangihe Islands, North Sulawesi Ahmad Rajafi; Yasin Yetta; Nur Allan Lasido
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.12445

Abstract

This study aimed to examine the deradicalism in the family at Tahuna on Sangihe Islands, North Sulawesi with the potential to raise radicalism. This area is the transmission line for terrorists to Indonesia from Mindanao. Furthermore, the entry of transnational Islam emphasizes religious textuality and intolerance of others. This study is a type of empirical legal research, namely a legal research method taken from the facts that exist in the Tahuna Muslim community. The data was collected using observation, interviews, and documentation and analyzed through the maqashid al-shari'a approach. The result was expected to help prevent family radicalism, and mobilize women's majlis taklim in mosques at the Tahuna area in each recitation. Furthermore, they could help transfer moderate Islamic ideas emphasizing discussing hifzh al-nafs and hifzh al-nasl, especially in family partnerships in the family. This would ensure women or wives are no longer subordinated to men and the tolerance values inculcated among people of the same and different religions. In general, the tolerance values are transferred through local wisdom adages in the Sangihe Islands, including mepalose and pantuhu makasalentiho somahe kai kehage, as reinforcement of family deradicalism.
Criminal Acts in Completing Early Marriage Requirements: Tuku Umur Practices in Islamic Communities in Central Java, Indonesia Any Ismawayati; Inna Fauziatal Ngazizah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.13001

Abstract

The goal of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 Concerning Marriage is to reduce the high rate of early marriage because it violates the rights and development of children. In fact, the rate of child marriage in Indonesia is rising. This circumstance raises the question of whether or not the current regulations are effective. This study seeks to determine the extent to which the Islamic community in Central Java understands the significance of the age limit for marriage. This study also determines why the Islamic community in Central Java prefers "Tuku umur" to fulfill the requirements for early marriage and to determine whether "Tuku umur" constitutes a criminal act. This research employed a juridical-sociological approach with complementary data, namely the distribution of information through interviews with informants in response to several question indicators indicated in the discussion. According to the findings of this study, the Islamic community of Central Java has not fully grasped the significance of the age limit for marriage; hence they tend to disregard these regulations. This study reveals that some Muslim communities in Central Java prefer to practice the "Tuku umur" to fulfill the conditions for early marriage since it is simpler than seeking a marriage dispensation. In addition, the findings of this study imply that "Tuku umur" is a criminal act because it contains falsified data. Additionally, Tuku umur is a bribery offense, one of the sorts of corruption.
Nonmarital Sex Rituals on Mount Kemukus (Study of Legal Culture and Islamic Law Perspective) Muhammad Chairul Huda; Yusriyadi Yusriyadi; Mudjahirin Thohir; Miftahuddin Miftahuddin; Muhammad Nazil Iqdami
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022)
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.v6i1.9130

Abstract

The legal construction in the Criminal Code (KUHP) and Islamic law the ban of extramarital sexual encounters, yet in Mount Kemukus, a different reality prevails. The formulation of the problems in this research are; first, what is the pattern of pilgrims' actions on Mount Kemukus? and second, what is the ideal of legal culture in Mount Kemukus? This study is from the perspective of legal culture and Islamic law. This paper examines the relationship between legal culture and Islamic law. This research is a field study employing a multidisciplinary socio-legal methodology. Observation and interviews were used to collect primary data, whilst a review of the literature was used to collect secondary data. This article combines social theory, legal theory, and Islamic legal theory to form an eclectic theory. This study found two general patterns, santri pilgrims and non-santri pilgrims, which represent the motivations, sources of belief, and patterns of pilgrims' actions; and (2) the ideal of legal culture in Mount Kemukus is to perform tawaṣul to Prince Samudro without performing non-marital sex rituals, and the law functions as a tool of social engineering for the benefit of society. The findings of this study suggest that in conditions of compulsion and despair, individuals seek justification for their actions even though they are against the social order. This research is useful for legal policies that regulate rituals and pilgrimages.

Page 1 of 3 | Total Record : 25

 1   2   3 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol 7, No 3 (2023) Vol 7, No 2 (2023) Vol 7, No 1 (2023) Vol 6, No 2 (2022) Vol 6, No 1 (2022) Vol 5, No 2 (2021) Vol 5, No 1 (2021) Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 2 (2019) Vol 3, No 1 (2019) Vol 2, No 2 (2018) Vol 2, No 1 (2018) Vol 1, No 2 (2017) Vol 1, No 1 (2017) More Issue