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 277 Documents
 13   14   15   16   17 
The Tradition of Tulak Breuh as a Fidyah of Prayer in Aceh Besar Society: A Study of Law Theology Lukman Hakim; Ahmad Sunawari Long
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (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.v5i1.8817

Abstract

Tulak Breuh is a customary practice related to Islamic law and theology in the social life of the Acehnese people. This article discusses the discourse on fidyah of prayer in fiqh, the practice of the tulak breuh tradition, and the analysis of law theology on the practice of tulak breuh tradition. The methods of study combine library research and field research simultaneously. Data collection techniques were conducted through interviews and literature studies. From the results of research conducted, it is found that there are two opinions of ulema regarding the fidyah of prayer. The first is the Hanafi madhab and some of the Shafi'iyah ulema who allow the practice of fidyah of prayer. The second is Maliki, Hanbali, and Shafi'i madhab (a strong mu'tamad) do not allow the practice of fidyah of prayer. The opinion that allows fidyah of prayer is based on the qiyas of the existence of fidyah for people who leave fasting and the fact that everyone must have left his prayer during his lifetime. Meanwhile, those who claim there is no fidyah for prayer are due to the strict prohibition against leaving prayer and there is unacceptable for a Muslim to leave a prayer. A special team, who is intentionally invited to pay fidyah when someone dies, organizes the implementation of tulak breuh tradition. The implementation of tulak breuh is done by handing over the amount of rice in turn as a substitute for the missed prayers by the deceased. However, theologically, the tulak breuh tradition can have implications for the emergence of a permissive attitude towards prayer as one of the pillars of Islam. Because this tradition provides opportunities and concerns, a lay believer can quickly leave prayer because he is sure that his heirs will redeem his missed prayers with fidyah when he dies.
Prison in Review of Islamic Criminal Law: Between Human and Deterrent Effects Haq, Islamul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 1 (2020)
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.v4i1.6683

Abstract

This study aims to find out how the prison system is in Islamic criminal law and how to treat prisoners in Islamic criminal law. This research is a qualitative study using a philosophical approach. The analysis of this research uses descriptive analysis method. The results of this study indicate that Islam views prison as a type of takzir punishment. with imprisonment, a prisoner can get a deterrent effect. However, that does not mean that prisoners are treated inhumanely. Islam has principles and ethics that apply to prisoners. One of the noble guidelines of Islam is to treat prisoners well, but is not privileged.
Balinese Muslim Minority Rights in Education and Islamic Family Law Ismail Muhammad; Safrina Ariani; Muhammad Yusuf
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.v5i2.9108

Abstract

Islam came in peace to Bali in the 14th century, initiated by communities from Java, and followed by those from Bugis, Makassar, Lombok, and even Malays and Arabs. Muslims in Bali are a minority group, which only accounts for 10.08% of the total population of Bali. This study aims to examine the rights of the Balinese Muslim minority in education and Islamic family law. This study is empirical legal research that examines the law in relation to problems in society realistically, or a socio-legal study, using a phenomenological approach. Data collection techniques included interview, observation, and literature review. The respondents interviewed were selected purposively from the Regional Office of the Ministry of Religious Affairs, the Mosque Management, the Provincial Council of Ulema, and the local Muslim community. The findings reveal that the rights of Balinese Muslim minority in terms of education, both formal and informal, are displayed through strengthening the family resilience by building the spirit of Islam, carrying out children’s education in an Islamic way by promoting tolerance, and sending children to Islamiceducational institutions such as Taman Pendidikan Al-Qur' an (TPA), Raudhatul Atfhal (RA), pesantrens, and madrasas. Further, Islamic family law is implemented in matters of marriage, divorce, waqf, child guardianship, and joint property under the simple, fast, and low-cost principles carried out by the Office of Religious Affairs, Religious Counselors, and the Religious Courts in Denpasar. It seems that historical bonding is highly fundamental that allows the Muslims and the Balinese people in general to continue to live in harmony and peace to this day.
The Implementation of Verdict Execution on Providing Maḍiyah Maintenance Following Divorce According to Islamic Law (Case Study in Syar’iyyah Court Banda Aceh) Devy, Soraya; Suci, Dwi Mekar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020)
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.v4i2.6179

Abstract

The article discusses the procedures of filing a plea to execute verdicts on providing māḍiyah maintenance and the effort to implement the verdicts in Syar’iyyah Court Banda Aceh.  The study was conducted with a qualitative approach and the collected data were analyzed with a descriptive-analysis method based on Islamic law perspective. The result shows that the procedure and the legal effort to file an execution toward the verdict related to māḍiyah maintenance in Syar’iyyah Court are distinguished into two types of divorce, i.e. talak divorce and filed divorce. In talak divorce, the execution of the verdict related to maintenance is conducted during the reading of the talak pledge. In the filed divorce, the ex-wife’s lawsuit related to maintenance which is neglected by the ex-husband is entitled to be legally sued through filing a plea on execution. The phases as follows: (1) the ex-wife files a plea of execution to the court, (2) pay the execution cost, (3) aanmaning (a warning to the defendant), (4) the ex-husband and ex-wife comply with the summons by the court, (5) the court establishes executorial beslag (executing confiscation), (6) the court establishes an execution order, (7) an auction. According to the Islamic perspective, the execution of māḍiyah maintenance can be conducted following the ex-wife’s lawsuit to the court. The execution of māḍiyah maintenance can be performed by the court based on the valid provisions of executing māḍiyah maintenance in Syar’iyah Court upon consideration of benefit and expediency principles.
Marital Beslag Outside Divorce Lawsuit in the Maqashid Syari’ah Perspective Mulia, Riza
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 4, No 2 (2020)
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.v4i2.7052

Abstract

The law of marriage seeks to protect joint property in the marriage bond with the hope that a quality family can be formed without any problems. Rules in law provide various reasons for formal legal guarantees for the protection of joint assets. This reason also does not escape the view of Islamic law through maqashid syar'iyah. This paper uses a normative approach. The focus of the problem in this paper is the objective of applying marital beslag outside of a divorce suit from the viewpoint of maqashid syar'iyah. The results showed that the provisions for marital beslag outside of a divorce suit were intended to maintain human needs from the financial aspect of the family that could sustain the family. In this context, protection of property helps maintain relationships between individuals (families) through the meaning contained in the text, where confiscation contains an element of family care which is also the goal of the maqasid.
Understanding Multiple Interpretations on the Hadith that Husbands Allow Wives to have Outdoor Activities: A Study of Islamic Law Perspectives Tarmizi M. Jakfar; Arifah Fitria
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (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.v5i1.9106

Abstract

Understanding the interpretation of a hadith is multifaceted, in which the Muslim clerics have multiple perspectives on certain hadith, including hadith on husband’s permission to wife to engage in outdoor activities. This is a library research, in which we explore some literature on this issue. The analysis technique used is descriptive-analytical and comparative, while the approach used is historical-sociological. The focuses of this study are threefold: to understand the mazhab(traditional) scholars’ and contemporary scholars’ perspectives, and to review the Islamic law on the Muslim clerics’ understanding of this issue. This paper concludes that mazhab scholars tend to understand the hadith textually, strictly and non-contextual-that is, asking permission to engage in outdoor activities is an obligation of the wife, otherwise it is considered disobedient to the husband. Meanwhile, contemporary scholars understand the hadith contextually and more flexible. They perceive that asking for permission to do outdoor activities is not an obligation; it is rather a recommendation for wives to seek for their husbands’ permission. In fact, in the recent times, wives working outdoor would in fact support husbands in fulfilling household’s needs. This difference can be understood because historically-sociologically the condition of the society has shifted and transformed. In the past, for instance, when women left the house they would cause danger in the middle of the desert such as robbery or wild animals. Meanwhile, nowadays mass communication and mass transportation have enabled families: husbands and wives to connect with each other. Likewise, when women going outdoor to seek knowledge, attending mosques for congregations, and or going for work, contemporary scholars do not see it as prohibited. Women doing activities outdoor has existed even by the time of the prophet and the companions, showing that most wives work outdoor for family benefits.
Substitute Heirs in the Compilation of Islamic Law: An Overview from Gender Equality Perspective Case Study of the Religious Courts in Banjarmasin Wahidah Ideham
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (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.v6i2.12466

Abstract

The enactment of Article 185 of the Kompilasi Hukum Islam, solely translated as Compilation of Islamic Law) in Indonesia has brought some “winds of change” for the grandchildren whose parents (male or female) have died before the heirs. However, in the case of its application in the Banjar Muslim community of South Kalimantan, it seems that it still requires various efforts, such as subpoenas, lawsuits, requests through authorized institutions, and the assistance of advocates. This Article on Inheritance is indeed very brief, thus allowing for a juridical interpretation and opening opportunities for legal discretion against it. Therefore, different responses to it are necessary, and many perspectives can be considered to convey a conclusion and verify that the resolution of this case is by the principles of maqâshid al-syarîah—which are gender equitable—and benefit the family lineage. The Banjarmasin Religious Court, one of the institutions holding the authority to examine and adjudicate this inheritance issue, has issued its legal products in court decisions and verdicts. This research aimed to determine (1) how the case of substitute heirs in the Banjar community of South Kalimantan is resolved and (2) the application of Article 185 KHI in the Banjarmasin Religious Court. On this basis, a case study of several copies of the letter was the approach employed in this normative legal research. The study found that there were four decisions and two verdicts—which were all aligned with Article 185 of KHI and were gender-responsive.
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. 
An Implementation of the Joint Inheritance Division of Ethnic Groups in Lampung, Indonesia Abdul Qodir Zaelani; Faisal Faisal; Mokhamad Samson Fajar; Abdul Hanif
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023)
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.v7i3.9125

Abstract

Lampung is a distinct, diverse, and multi-ethnic province. Lampung's multi-ethnicity is worth investigating regarding inheritance distribution, specifically the inheritance of joint property. This study examines the implementation of ethnic group inheritance in Lampung and how it contributes to the paradigm shift of joint property. This investigation is field research in which data is gathered from informants and analyzed using a cultural approach. According to the analysis, implementing the division of joint property inheritance of ethnic groups in Lampung could be classified into multiple categories. First, the majority of joint inheritance property is distributed straight to offspring (both male and female. Second, only daughters are given the joint property inheritance. Third, only the son receives joint property inheritance. Fourth, if one of the parents passes away, some joint property inheritance is granted to the mother and father. Because the Lampung community is nearly entirely unfamiliar with joint property (gono gini), the joint property inheritance is promptly distributed into the four categories listed above. Although the cultural practice considerably influences the distribution of inheritance in connection to the family system and social protection factors, it has begun to shift with less to no influence by religious and social factors.
Strategies to Prevent Increasing Divorce Rates for Muslim Families in Indonesia Ramdani Wahyu Sururie; Mohammad Athoillah; Muhammad Iqbal Zia Ulhaq
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023)
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.v7i2.14819

Abstract

The Annual Report of the Director General of Badilag from Religious Courts throughout Indonesia states that the number of divorces in Muslim families in Indonesia has increased over five years (2017-2021). The increasing number of divorces impacts childcare emotionally and physically because the average age of divorced couples is 20-40 years old who still have children in care, reaching 60%. This study aims to formulate a strategy to reduce the number of divorces in Indonesian Muslim families to create family resilience, especially for Muslim families. This study uses a qualitative approach with descriptive analysis. They collected data using questionnaires, document studies of religious court judges' decisions, interviews, and literature studies. By using the mashed sharia theory on the hifdu nasab aspect, this study finds that the strategy in reducing the number of divorce cases in Muslim families must be done holistically. The stages begin with the internalization of pre-marital education in the family from the institutionalization of pre-marital education in official institutions (KUA). Furthermore, husband and wife are given an understanding of methods for resolving marital conflicts and revitalizing the process of examining divorce cases in religious courts. Thus, this study concludes that what must be done to strengthen the resilience of Muslim families in Indonesia in reducing the number of divorces is to prevent it from upstream to downstream.

Page 15 of 28 | Total Record : 277

 13   14   15   16   17 

Filter by Year

2017 2023


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