Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Journal Title : Samarah: Jurnal Hukum Keluarga dan Hukum Islam ISSN : ISSN 2549-3132 (print) | ISSN 2549-3167 (online) DOI Prefix : Prefix 10.22373 by Crossref Editor in Chief : Prof. Dr. Mursyid Djawas, M.HI Managing Editor : Prof. Dr. Eka Srimulyani Publisher : Universitas Islam Negeri Ar-Raniry Frequency : 3 issues per year (March, July, and November) Citation Analysis : Scopus | Index Copernicus| Sinta | Google Scholar Samarah: Jurnal Hukum Keluarga dan Hukum Islam is a double-blind peer-reviewed journal published by Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry, Banda Aceh, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Islamic family law and Islamic law (See Focus and Scope). The articles of this journal are published 3 times a year; March, July, and November. From the beginning of its publication in 2017, Samarah has been registered with Crossref. All articles published by Samarah have a DOI number. Samarah is also indexed by Google Scholar, Garuda, Moraref, BASE, and more indexing please go here. In 2019, Samarah has been accredited by the Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 28/E/KPT/2019. This accreditation is effective from publication Vol 2. No 1. 2018 (Sinta 5). In the same year, Samarah has been reaccredited by Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 36/E/KPT/2019. This reaccreditation is only effective on publication Vol 3. No 2. 2019 (Sinta 3). In 2020, Samarah has been reaccredited by the Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number: 148/M/KPT/2020. In 2021, Samarah has been accepted for inclusion in Scopus (owned by Elsevier) and has been indexed in Sinta 1. Samarah is the first Islamic Family Law and Islamic Law journal published by Indonesian universities to be indexed by Scopus. Journal Secretariat: Building A, Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia, Jl. Syeikh Abul Rauf Kopelma Darussalam Banda Aceh, Indonesia, Postal Code 23111. Email: jurnal.samarah@ar-raniry.ac.id Samarah has been indexed by:
Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
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MUI Fatwas and Sharia-Based Policy Governance in Islamic Education Management in Indonesia
This study examines the influence of Majelis Ulama Indonesia (MUI) fatwas on Islamic education management in Indonesia, particularly in aligning sharia principles with contemporary educational practices. The purpose of this research is to explore the role of MUI fatwas in policy formation, curriculum adjustment, and governance frameworks to address the challenges posed by globalization and digitalization in Islamic education. Using a qualitative approach with a case study method, data were collected through in-depth interviews and document analysis of policies implemented in various Islamic education institutions in Indonesia. The study focused on three key fatwas discussed in Ijtima Ulama forums: the third in 2009, the sixth in 2018, and the seventh in 2021. The findings reveal that MUI fatwas contribute significantly to three areas: the establishment of sharia-compliant educational policies, the adaptation of curricula to contemporary needs, and the promotion of equitable governance in Islamic education institutions. However, challenges such as varying interpretations and resistance from stakeholders hinder effective implementation. This research is original in its comprehensive analysis of the direct and indirect impacts of MUI fatwas on Islamic education management, providing new insights into the intersection of sharia principles and modern educational demands. The study has significant implications for policymakers, educators, and religious scholars. It highlights the need for harmonization between sharia-based fatwas and modern management practices to ensure the sustainability and relevance of Islamic education in Indonesia's evolving sociocultural landscape.
Copyright (c) 2026 Yuspiani Yuspiani, Muhsin Muhsin, Muhsin Mahfudz, Muhammad Shuhufi, and Firdaus Muhammad http://creativecommons.org/licenses/by-sa/4.0
Despite the theoretical potential of Islamic family law as an integrated framework for poverty alleviation through redistributive mechanisms like inheritance (farāidh), maintenance (nafaqah), wills (wasliyyah), and waqf, global scholarship exhibits significant thematic and methodological imbalances. This study addresses the lack of a comprehensive mapping of research trends and paradigm shifts at this intersection. It asks, what are the evolutionary trends, collaboration networks, and dominant thematic foci in global research on Islamic family law and poverty from 1990 to 2025? This research is subsequently comprehensive bibliometric research. This study uses the metadata of 597 documents from Scopus, Web of Science, Dimensions, and Semantic Scholar to map evolutionary trends, collaboration networks, and high-impact theme voids within the literature. The results show a pronounced imbalance, in which one of the keywords, ‘zakat,’ accounts for almost 70% of the thematic focus to the near total exclusion of other Islamic family law redistributive mechanisms such as inheritance (farāidh), nafaqah (alimony), and will (wasliyyah). The range of disciplines is dominated by social sciences and law, while religious studies and Islamic economics are conspicuously missing. It is this narrow perspective within maqhāsid sharia that displays a disintegrated approach that does not represent the comprehensive framework and methodology that the Islamic legal tradition employs to achieve the dual objectives of poverty alleviation (hifz al maslāhah) and wealth protection through lawful means (hifz al mal). It identifies a methodological gap by showing that 82% of studies using qualitative methods do not conduct an empirical impact assessment. These findings provide an impetus for a more multidisciplinary collaborative scholarly approach centered around empirical and maqhāsid oriented frameworks to examine how synergetic all instruments of Islamic family law can be toward successful poverty alleviation.
Copyright (c) 2026 Hendra Cipta, Tauratiya Tauratiya, Reno Ismanto, and Anwar Radiamoda http://creativecommons.org/licenses/by-sa/4.0
Financial Provision by Migrant Husbands and Its Impact on Family Resilience in Kampar Regency, Riau
This article examines the complexities of family life among women whose husbands migrate for work in Kampar Regency, Riau, with a focus on how financial obligations are fulfilled and how these conditions affect family resilience in economic, social, and psychological dimensions. The study employs a qualitative approach using in-depth interviews with ten informants, consisting of wives, children, and community leaders. The findings reveal that the tradition of migration has long been embedded in Kampar’s cultural practices, leading to a generally positive acceptance of the migrant-husband phenomenon. Financial support in the form of remittances emerges as the primary factor sustaining family resilience, complemented by emotional support delivered mainly through communication. Social support, religiosity, and the contributions of children also play significant roles in strengthening family resilience. Conversely, challenges such as delayed remittances, infrequent communication, and moral issues including second marriages undertaken while living away pose serious threats to family stability. This article contributes academically to the development of family integrity theory and offers practical insights for policymakers and communities in formulating strategies for family empowerment.
Copyright (c) 2026 Sofia Hardani, Akmal Abdul Munir, Mualimin Mochammad Sahid, Jumni Nelli, and Nur Hasanah http://creativecommons.org/licenses/by-sa/4.0
Childfree in The Perspective of Hadiths Ahkam
Childless marriage, or an agreement between a husband and wife not to have children after marriage, is currently a trending topic on various social media platforms. Based on this issue, the formulation of this research is how childless marriages are seen from the hadith perspective and what solutions the hadiths offer to overcome this problem. The research method used is a literature study using the theory of hadith hermeneutics. This research was carried out by collecting and analyzing various written sources, such as books, journals and articles as well as Mu'tabar hadith books. The results of the study indicate that the hadiths regarding the permissibility of 'azal studied are of authentic quality and can be accepted as evidence in religion. Regarding understanding, thematic studies, especially from the historical aspects, show that the desire to perform 'azal expressed by a companion to the Prophet Muhammad was related to the condition of his wife who was breastfeeding, so the use of these hadiths as a basis for the permissibility of childfree needs to be reviewed. This shows a significant difference between childfree and the permissibility of 'azal. That the permissibility of 'azal does not mean an attitude or desire to not have children permanently, However, it is only conditional and temporary. This differs from childfree, which actually refuses to have children in a marriage. Meanwhile, a thematic analysis involving other "similar" hadiths shows that Islam places a strong emphasis on having children for its ideological and worshipful values. Therefore, the childfree attitude that is starting to become commonplace among Muslim couples is discouraged, even though having or not having children is the right of every couple. Moreover, if this childfree attitude becomes a "movement" and is campaigned extensively, then every Muslim should not make it a "principle" or primary choice in marriage.
Copyright (c) 2026 Hedhri Nadhiran, Muhammad Mirzan, Anisatul Mardiah, Deddy Ilyas, and Nugroho Nugroho http://creativecommons.org/licenses/by-sa/4.0
From Normative Authority to Contextual Responsiveness
This study examines how the National Sharia Council of the Indonesian Council of Ulama (DSN–MUI) formulates and adapts fatwas amid increasing complexity in Islamic economic practice, addressing the problem of tension between classical fiqh normativity and contemporary transactional demands where explicit naṣṣ and ijmāʿ are limited. Specifically, the research asks: (1) how does DSN–MUI reconcile traditional Sharīʿah principles with novel financial needs; (2) what juristic tools and maxims inform its fatwa-making; and (3) what are the practical consequences for Islamic financial institutions (LKS) and consumers. Employing a qualitative doctrinal and socio-legal method, the study analyzes selected DSN–MUI fatwas focusing on the transformation of tabarruʿ contracts (wakālah, ḥawālah, kafālah) into tijārī frameworks and the evolving rulings on muqāṣah (early-payment discounts) in murābaḥah as primary data. The findings reveal a clear methodological shift from a strictly textual-normative approach toward a contextual, maqāṣid- and maṣlaḥah-oriented reasoning that treats al-ashlu fil muʿāmalāt al-ibāḥah as a governing hermeneutic; DSN–MUI legitimizes innovations (e.g., wakālah bi al-ujrah, ḥawālah bi al-ujrah, kafālah bi al-ujrah, and obligatory muqāṣah) while embedding procedural safeguards (pre-agreed nominal ujrah, protections against ribā, gharar, and ziyādah ʿalā al-dayn) to protect consumers. The study concludes that DSN–MUI functions as an adaptive Sharīʿah governance actor that balances normative fidelity, institutional viability, and public interest, recommending continued doctrinal clarity and empirical assessment of socio-economic impacts.
Copyright (c) 2025 Nur Hidayah, Haryatih Haryatih, Ucu Solihah http://creativecommons.org/licenses/by-sa/4.0
Construction of New Norms for the Implementation of Fines in Narcotics Cases in Indonesia
Narcotics abuse constitutes a violation of statutory regulations, particularly Article 7 of Law No. 35 of 2009 on Narcotics, which restricts the use of narcotics to health services and the advancement of science and technology. Narcotics abuse may result in serious consequences not only for individuals but also for society, especially the younger generation. In Indonesia, narcotics misuse has spread across all levels of society, from lower to upper classes. Apart from causing dependency, narcotics consumption frequently leads to death. This circumstance poses a significant threat to the sustainability of society, the nation, and the state, placing Indonesia in a state of narcotics emergency. Accordingly, the Narcotics Law prescribes stringent sanctions, including the death penalty, imprisonment, and fines as additional or substitute penalties for convicted offenders. This study examines the imposition of fines as a substitute for imprisonment and explores judicial considerations in delivering such decisions. The study employs a normative legal method. Findings reveal that convicted persons tend to prefer imprisonment to paying fines, mainly because the fines imposed are excessively high and beyond their financial capacity. As a result, the potential state revenue from fines is not realized, while the state must instead bear substantial expenses to maintain prisoners during their incarceration. Therefore, a reconstruction of legal norms is necessary to achieve a more proportional and effective regulation of fines and imprisonment.
Copyright (c) 2026 Bakhtiar Bakhtiar, Mohd Din, Ilyas Yunus, and Darmawan Darmawan http://creativecommons.org/licenses/by-sa/4.0
The goal of the research is to find out the comprehension, internalization, and the practical side of the Islamic Work Ethics (IWE) concept by the teaching staff of an Integrated Islamic Junior High School (SMPIT) located in East Kalimantan. The study applies the interpretive phenomenological analysis (IPA) technique to highlight the teachers’ experiences in the course of balancing the spiritual values, the demands of the organization, and the social responsibilities. The research used semi-structured interviews, observations, and school documents to collect data, and then the data was analysed by the method of iteration to find out the main themes. The results uncovered four overarching themes that can be summarized as follows: (1) work as a form of worship and a responsibility that nurtures inner drive and ethical devotion; (2) the principal's (uswah hasanah) exemplary leadership is the major factor that either fortifies or undermines the practice of IWE; (3) the continuing interaction between the ideal religious principles and the organizational structures, especially in relation to work, administration, and pay issues; and (4) the promotion of IWE as a social distinction that places teachers in the role of moral protectors of the community. The research findings indicate that IWE is more than just a personal moral quality, rather, it is a lively and dynamic interpretable framework directed by the expected spirituality, the organizational environment, and the cultural norms. By this research, the theoretical engagement with IWE moves toward a phenomenological understanding and contributes to the discussions on the practical and policy implications of work culture strengthening, ethical leadership, and teacher well-being in Islamic educational institutions.
Interpretative phenomenological analysis
Copyright (c) 2026 Akhmad Nur Zaroni, Norvadewi Norvadewi, Muhaimin Muhaimin, Darmawati Darmawati, and Samsir Syata http://creativecommons.org/licenses/by-sa/4.0
Inheritance Development Patterns in Multiethnic Societies in Indonesia
This study aims to analyze the patterns for developing inherited assets in multiethnic communities in Pasaman and Dharmasraya (West Sumatra) and Mandailing Natal and Panyabungan (North Sumatra). The research focuses on the interaction between customary, religious, and state laws in inheritance practices and their implications for social relations, family cohesion, and economic orientation. Using a qualitative comparative case study approach, data were collected through in-depth interviews, participatory observation, and document analysis with inter-ethnic families. The research findings reveal three distinct patterns of heritage development. The collective-conservative pattern in Pasaman emphasizes family solidarity and asset preservation, while also reflecting internal power relations and potential conflicts of interest in decision-making. The customary-conservative pattern in Dharmasraya highlights the dominance of customary norms in heritage management, oriented toward social stability and cultural preservation, yet it can also reinforce traditional authority structures and symbolic subordination. Meanwhile, the individualistic-commercial pattern in Mandailing Natal prioritizes maximizing economic value and enhancing family economic mobility, but it may generate social differentiation and economic inequality among family members. These findings indicate that heritage development patterns are shaped not only by economic considerations but also by “ethnic logic” rooted in kinship structures, customary norms, and social relations. Across most locations, customary law remains the dominant framework, religious law provides moral legitimacy and distribution guidance, and state law is applied selectively. In conclusion, this study demonstrates that legal pluralism in Indonesia’s multi-ethnic context is not merely a normative reality, but also a socially chosen strategy.
Copyright (c) 2026 Elfia Elfia, Nurus Shalihin, Surwati Surwati, Yan Fajri and Siti Mardiyah http://creativecommons.org/licenses/by-sa/4.0
The Indonesian Government's Legal Policy on the Presence of Illegal Migrants
The prolonged conflict in Myanmar between the government and the Rohingya ethnic group has caused a flow of refugees and illegal migration out of Myanmar. The ASEAN region that serves as a transit point and destination country for these illegal immigrants is Thailand, Malaysia, and Indonesia. This study uses an empirical research method analyzed with a legislative approach. Data was obtained through in-depth interviews and studies of legal regulations or legislation. The study concluded that illegal migrants who entered Aceh under the guise of being political asylum seekers who were stranded in Indonesian waters or land in need of assistance, this was indicated by the damage to the illegal migrants' boats, either intentionally damaged or indeed damaged. In the context of constitutional law, the central government's policy regarding the presence of refugees, including illegal Rohingya migrants, is to amend Presidential Decree Number 125 of 2016 concerning the Handling of Foreign Refugees. It is hoped that the revised Presidential Regulation will provide detailed regulations, particularly regarding status determination, refugee residency period, refugee criteria, the roles and responsibilities of stakeholders, the establishment of the PPLN Task Force, the fulfillment of the rights of foreign refugees in Indonesia and the use of budgets by Regional Governments, the sharing of burdens and responsibilities with International Organizations (IOs), and other matters that can improve the quality of handling foreign refugees. Some of the Indonesian Government's efforts to address illegal Rohingya migrants include increasing sea patrols, implementing a turn-back boat policy, establishing a main Indonesian Navy base (Lantamal) in Aceh, and involving the community, particularly the Panglima Laot (the Indonesian Navy Commander).
Copyright (c) 2026 M. Gaussyah, Bustami Usman, Mirja Fauzul Hamdi, and Rizky Aulia Fitri http://creativecommons.org/licenses/by-sa/4.0
Codification of Islamic Law in Comparative Perspective
This paper examines the transformation of Islamic law through the process of codification from a comparative legal perspective. While classical Islamic law was traditionally pluralistic, jurist-driven, and uncodified, modern developments, especially since the 19th century, have seen states systematically incorporate Islamic legal principles into codified legal systems. The study explores how codification, influenced by European civil law models, reshapes the epistemology and authority of Islamic law, shifting interpretation from scholars to state actors. Through comparative case studies such as the Ottoman Majalla, Egypt, Iran, Malaysia, and Indonesia, the paper illustrates diverse models of codification ranging from centralized statutory codes to non-legislative presidential directives. The analysis highlights key debates around legal pluralism, gender reform, and the tension between tradition and state centralization. Codification, the paper argues, is not merely a legal technique but a transformative process that redefines the relationship between divine law and state sovereignty, producing hybrid legal systems that negotiate between Islamic authenticity and modern legal rationality.
Copyright (c) 2026 Ratno Lukito and Marsya Salsabilla Az-Zahra http://creativecommons.org/licenses/by-sa/4.0
Ecotourism as a Driver for Sustainable Waste Management and Environmental Conservation in Lhokseumawe, Indonesia
This study evaluates the role of ecotourism as a strategy for promoting sustainable waste management in environmentally friendly tourist destinations in Lhokseumawe City, Aceh. Research using qualitative methods was conducted with a case study approach in several tourist destinations that have implemented ecotourism concepts, such as community-based waste management and the use of environmentally friendly technology. Data were collected through in-depth interviews, observations, and a literature review, complemented by questionnaires administered to explore the perceptions of tourists, local communities, and business actors regarding the effectiveness of, and support for, sustainable waste management policies. The findings indicate that the implementation of ecotourism has not yet played a significant role in improving waste management effectiveness in tourist areas. Ecotourism principles have not been comprehensively applied; as a result, destinations have not succeeded in maintaining environmental cleanliness, attracting sustainability-conscious visitors, or fostering synergy between local communities and the government. Although tourists and local residents generally responded positively to these initiatives and expressed support for ecotourism-based waste management policies, many still perceive waste management as primarily the responsibility of the government. This study contributes to the literature on sustainable waste management and may serve as a reference for policymakers and tourism practitioners seeking to enhance environmental quality through an ecotourism approach.
Copyright (c) 2026 Bobby Rahman, Teuku Muzaffarsyah, Teuku Zulkarnaen, M. Lutfi Al Fahmi, and Richa Meliza http://creativecommons.org/licenses/by-sa/4.0
Negotiating The Authority of Female Ulama in the Reinterpretation of the Qur'an in Islamic Family Law in East Kalimantan
The debate over authority in contemporary Quranic interpretation surrounding Islamic family law remains a frequent issue, particularly for female ulama. This article examines how female ulama in East Kalimantan negotiate religious authority through Quranic reinterpretation to transform the understanding and practice of Islamic family law. Using a convergent mixed-methods design, this study combines quantitative analysis of 30 purposively selected female ulama in five districts/cities. Then, qualitative methods derived from in-depth interviews with experts in Islamic interpretation and family law are analyzed using the theory of maqāṣid al-sharīʿah. The research findings reveal that 86.7% of participants actively engage in progressive reinterpretation of Quranic texts related to crucial issues of family law, including dowry, divorce (khulʿ), child custody (ḥaḍānah), and joint property. Statistical analysis shows a significant correlation (p < 0.05) between a hybrid educational background integrating Islamic boarding school education with modern Islamic higher education and a stronger tendency to challenge conventional interpretive paradigms. Quranic interpretation functions not merely as a theological practice but also as a process of negotiating religious authority through contextual reasoning, maqāṣid al-sharīʿah, and intertextual hermeneutics. This article contributes to the body of scholarship on Islamic feminism, religious authority, and legal pluralism in Indonesia, while also highlighting grassroots dynamics in Islamic family law reform.
Copyright (c) 2026 Iskandar Zainuddin, Ahmad Yusam Thobroni, Muhammad Arief Ridha Rosyadi, Fakhruddin Lahmuddin, and Muhammad Yusuf Qardlawi http://creativecommons.org/licenses/by-sa/4.0
Family Sustainability in Child Sexual Violence Cases
The family is the smallest entity that plays a crucial role in the social structure of society. This article aims to examine the sustainability of the family in cases of child sexual violence in relation to the thinking of judges in gender-based crimes in religious courts in South Sulawesi. This study is an empirical legal study using the theory of power inequality and gender relations, feminist criminology theory, and law enforcement theory. Data were collected based on interviews and literature studies. The research findings reveal that judges prioritize the protection of children who are victims of sexual crimes, emphasizing the importance of ensuring a fair legal process that considers the physical and psychological well-being of girls who are victims of sexual violence. Sexual violence is a gender-based crime that primarily affects girls, influenced by derogatory perceptions of women and by abuse of power by perpetrators, including parents. The family institution plays a crucial role in protecting the rights of children, especially girls, from sexual crimes. This responsibility includes strict prosecution of perpetrators of sexual crimes, providing support and rehabilitation services for victims, and education on the recognition and prevention of sexual crimes. Theoretically and practically, judges have carried out legal prevention in cases of sexual crimes against girls by considering various factors, namely legal, moral, and social aspects. Judges give top priority to protecting child victims and taking preventive measures.
Copyright (c) 2026 Saidah Saidah, Zainal Said, Suarning Suarning, Nur Afiah, and Rukiah Rukiah http://creativecommons.org/licenses/by-sa/4.0
Although the integration of religion and science has been widely examined across disciplines, it remains relatively underexplored within the field of fiqh (Islamic jurisprudence), particularly in relation to medical issues. This study therefore addresses a substantial gap in the existing literature. Here, case of integration in the fatwa's issued by the Indonesian Ulema Council (Majelis Ulama Indonesia / MUI) was examined. These fatwas addressed vaccines that were considered haram (forbidden) since they contained or came into contact with pork-derived elements, except in cases of emergency. On the contrary, the East Java branch of the MUI permitted their use based on the concept of complete chemical transformation (istihālah tammah). To explore this issue, the study posed three research questions: (1) How are elements related to pork positioned within MUI fatwas? 2) How does the authority of ulama affect the positioning of pork-derived elements in MUI fatwa's? and (3) How is the integration model of fiqh and science articulated in MUI fatwa's? The first question was examined through content analysis of existing MUI fatwas, the second through analysis of interview data from Muslim intellectuals in Jakarta, East Java, West Sumatra, and Aceh, and the third through an integrated analysis of interview data and fatwa documents using the theory of authority. The findings thus indicate that the MUI adopts an integrative approach to science and fiqh in issuing fatwa's. However, the role of science tends to remain largely confirmatory and has yet to exert a more substantive influence. In this regard, the East Java MUI has taken a more ‘open’ approach, moving beyond the established mainstream of fiqh while still operating within the framework of classical ulama authority
Copyright (c) 2025 Ali Abubakar, Muhammad Ridwan Harahap, Muhammad Habibi, Abidin Nurdin, and Ahyar Gayo http://creativecommons.org/licenses/by-sa/4.0
This research examines how customary prohibitions (larangan adat) embedded in the Minangkabau indigenous tradition function as an ecological governance mechanism rooted in both myth and the Islamic principle of maṣlaḥah (public benefit). Drawing on ethnographic fieldwork conducted in selected nagari (traditional villages) in West Sumatra, this research investigates the ontological and normative significance of tabooed spaces, sacred species, and ritualized ecological restrictions as tools for preserving environmental balance. Through in-depth interviews with customary leaders (ninik mamak), religious scholars (alim ulama), and community members, the research reveals that mythic narratives serve to sacralize ecological zones, while the invocation of maṣlaḥah gives these taboos normative legitimacy within the broader Islamic ethical system. This research argues that customary prohibitions operate as localized ecological jurisprudence, establishing a framework for human–nature relations based not on state law but on a syncretic system of belief that is collectively enforced and symbolically charged. Rather than dismissing these prohibitions as archaic superstition, this research reinterprets them as part of an enduring epistemology that integrates myth, religious values, and environmental pragmatism. This research contributes to the growing body of scholarship on indigenous environmental governance by offering a nuanced reading of adat–myth relations in the context of sustainability. It demonstrates how the Minangkabau adat system far from being static continues to adapt, negotiate, and assert relevance amid ecological crises and modern legal frameworks. Ultimately, this research affirms that myth, when interwoven with religious rationality, can serve as a powerful force for ecological resilience and cultural continuity.
Copyright (c) 2026 Arifki Budia Warman, Rizal Rizal, Yasrizal Yasrizal, Kasmuri Kasmuri, and Syamsul Bahri http://creativecommons.org/licenses/by-sa/4.0
The Acehnese society has long practiced customary economic arrangements such as gala (pawning) and mawah (profit-sharing). However, the traditional gala practices are frequently exploitative and inconsistent with the Sharia principles, as lenders exercise full control over collateralized productive assets. In addition, the potential of mawah as a cooperative economic mechanism has not been fully realized. This qualitative study examines the transformation of these customary practices into sustainable Sharia-based microfinance institutions through a case study of their implementation in Southwest Aceh. Data were collected through observations and in-depth interviews. The findings indicate that KSPPS Baitul Qiradh Gala Muamalah, commonly known as the “Gala Bank,” has initiated a revitalization of local economic wisdom grounded in Sharia principles. A fundamental transformation is evident in the gala practice through the application of a rahn (Sharia pawn) contract, whereby the institution holds only the collateral, while productive assets, such as rice fields, remain under the management of their owners. This arrangement enables farmers to continue agricultural production and generate income. For working capital financing, the institution employs a mudharabah (profit-sharing) contract with a flexible post-harvest repayment system. The “Gala Bank” model has successfully transformed previously harmful practices into equitable, farmer-empowering, and Sharia-compliant transactions. Consequently, this initiative demonstrates how traditional economic practices can be effectively adapted into a modern, sustainable economic framework rooted in local culture, serving as a model for community-based economic development.
Copyright (c) 2025 Wardiah Hamid, Dedy Sumardi, I Made Suarsana, Muhammad Dachlan, and Hamsiati Hamsiati http://creativecommons.org/licenses/by-sa/4.0
Catcalling Prevention Strategies in Handling Forms of Gender Inequality Among Students in North Sumatera
This study aims to determine the legal regulations regarding catcalling, to determine the influence of student responses to catcalling and to obtain a Strategy for Preventing and Overcoming Catcalling (Sexual Harassment) in Addressing Forms of Gender Inequality for Students in North Sumatra. The analysis carried out in this study uses qualitative descriptive, namely by obtaining information related to student responses in efforts to prevent catcalling. The data analysis model used in this study is to use the deremination coefficient (R2) and the multiple linear regression equation as an indicator score using the Likert scale. The results of the study suggest that: (1). There are no legal regulations regarding catcalling yet, but there are several articles used in resolving criminal cases, including those regulated in Law Number 44 of 2008 concerning Pornography; (2). Based on the results of the calculation of the multiple linear regression equation obtained: Y = 0.229 + 0.487X1. This is indicated by the coefficient value of b1 which is positive at 0.229. Furthermore, for the independent variable X1, it shows that the value of t count = 9.147. From the t table with a significance level of α = 0.05, with the number of respondents = 20 and the number of independent variables = 1, the t table value is read = t (α, n-(k + 1)) = 1.729. Thus, for variable X 9.147> 1.729 or t count> t table which means that the independent variable X (catcalling problem) partially has a significant effect on the dependent variable Y (student perception) and (3). Strategies Implemented in the Prevention and Overcoming of Catcalling Sexual Harassment) reducing Gender Inequality is through the formation of a Law that specifically regulates Catcalling and coordination between the government, society and campus, including by forming catcalling prevention; social campaigns both through social media and slogans in society and campus.
Copyright (c) 2025 Nelvitia Purba, Bahmid Bahmid, Alkausar Saragih, Ismed Batubara, and Seguito Monteiro http://creativecommons.org/licenses/by-sa/4.0
The Implementation of Special Autonomy and the Role of Gampong Government: A Study of Sharia and Religious Moderation in Aceh
This paper discusses the role of special autonomy and village government in Aceh in supporting the implementation of sharia (Islamic law) and religious moderation. The study uses empirical qualitative methods and is analyzed through the theory of asymmetric decentralization. Data were collected through interviews with key informants, namely the Islamic Law Office, Village Head (Keuchik), Village Imam (Tengku Imum), Tuha Peut (Customary Apparatus), Pastors, Religious Figures and Community Leaders. Related literature studies include journal articles, laws and regulations, and books. The results of this study indicate that the implementation of special autonomy, especially through the framework of village government in Aceh, has effectively supported the implementation of sharia and religious moderation. This support can be seen from the authority and contribution of village government to Islamic education, such as gender-inclusive religious studies in Meunasah, economic empowerment through the management of zakat, infaq, and sedekah by Baitul Mal Gampong, and conflict resolution, namely by optimizing the active role of village officials in customary justice. It can be further emphasized that this article also concludes that promoting religious, social, and ethnic harmony through inclusive programs that actively involve all elements of society, regardless of race, religion, or ethnicity at the Gampong level is a prime example of the manifestation of effective religious moderation. Within the framework of asymmetric decentralization, Gampong authority has succeeded in supporting and facilitating special autonomy and the implementation of sharia and religious moderation can run well.
Copyright (c) 2025 Safrizal ZA, Bustami Usman, Suswanta Suswanta, Zulfa Harirah, Muhammad Rizki http://creativecommons.org/licenses/by-sa/4.0
The Abdau Tradition as a Living Hadith: Interplay of Islamic Law and Local Customs in Qurban Ritual at Tulehu, Maluku
Abdau represents a tradition of slaughtering Qurban practiced by the Muslim community of Tulehu during Eid al-Adha. This tradition commences with the meticulous preparation of three goats, which are bathed, dressed, and perfumed. They are then paraded through the village to the mosque for slaughter, accompanied by the chanting of salawat, dhikr, poems, and the pursuit of the tauhid flag along the route. This parade also showcases various cultural attractions, transforming it into a carnival that draws numerous tourists. Currently, Abdau faces significant criticism for allegedly breaching numerous fundamental principles of sharia. This research seeks to reveal the origins of this celebration and elucidate its connection to the practices derived from the Prophet's hadiths that persist within the community. This is a qualitative study, utilizing data gathered from written sources pertaining to the Abdau celebration, complemented by interviews with religious leaders, traditional authorities, and government officials in the Tulehu region who possess a deep understanding of the intricacies of the Abdau celebration. The data were subsequently examined utilizing the living hadith methodology. This study reveals that Abdau is an Islamic teaching rooted in the societal tradition, rather than a practice of a society that has undergone Islamization. The celebration of Abdau did not exist prior to the arrival of Islam; instead, it emerged concurrently with the establishment of the Tulehu region, which is home to a Muslim community. Examining the living hadith, the Abdau tradition in each of its ritual series reveals connections to the hadiths of the Prophet and its relevance to the Islamic law. Abdau is a tradition that involves the living hadith in Tulehu, particularly in the context of Qurban and its relation to the Islamic law.
Copyright (c) 2025 Rajab Rajab, Wa Ulfa Ode, Gamal Achyar, Fakhrurrazi M.Yunus http://creativecommons.org/licenses/by-sa/4.0
The Criminal Liability for Human Actions Involving Stem Cells in Jordan: A Comparative Law Study
This study clarified the criminal liability for the disposal of human stem cells according to Jordanian legislation compared to Indonesian legislation, depending on the type of this disposal, whether by way of sale or by way of donation. Hence, the researcher followed the descriptive and analytical approach to present the texts criminalizing the disposal of stem cells and analyze their content to determine the scope and limits of criminal liability for this disposal to prevent the misuse of stem cells for material gain. The study revealed a set of conclusions, which consisted of criminalizing the disposal of stem cells in exchange for financial compensation and permitting such disposal if it is by way of donation, with the possibility for the donor to receive simple compensation that does not rise to the level of the financial compensation for these cells, provided that informed consent to the donation is given. The transfer of stem cells to another body does not harm public health. The Jordanian legislature recommends that some amendments be made to the elements criminalizing the disposal of stem cells, depending on the degree of risk it poses to the mere sale or trafficking, as reflected in the number of penalties prescribed for each criminal case in a manner commensurate with the criminal gravity.
Copyright (c) 2025 Barjes Khalil Ahmad Al-Shawabkeh http://creativecommons.org/licenses/by-sa/4.0
Illegal, Unreported, and Unregulated (IUU) fishing poses a significant threat to Indonesia's vast marine resources, contributing to economic losses, environmental degradation, and the marginalization of coastal communities. Although Indonesia has adopted penal and non-penal instruments to counter IUU fishing, the current legal approach remains largely reactive and fragmented, with law enforcement focusing on low-level actors while systemic drivers and corporate beneficiaries remain untouched. The article's strength lies in its integration of progressive law with Islamic legal principles, providing a unique perspective that emphasizes justice, human welfare, and sustainability. This article employs a normative juridical method, using a statute approach, case approach, conceptual approach, and comparative approach to Islamic legal principles such as maslahah mursalah and hisbah. The results shows that a holistic and human-centered legal approach is essential to restore equity, increase deterrence, and ensure sustainable fisheries management. The novelty of this research lies in formulating a concrete legal reconstruction model that operationalizes progressive justice and Islamic legal teleology as integrated instruments for future reform of Indonesia’s fisheries legal regime. This article contributes to the discourse on legal reform in environmental governance, offering practical insights for policymakers and legal practitioners in Indonesia and beyond.
Copyright (c) 2025 Abd Asis, Shambhu Prasad Chakrabarty, Ahsan Yunus, D. J. A. Hehanussa, Yanti Amelia Lewerissa http://creativecommons.org/licenses/by-sa/4.0
Formulation of Oil and Gas Production Sharing Contracts and Their Implementation in Foreign Investment in the Upstream Oil and Gas Sector
The formulation of oil and gas Production Sharing Contracts (PSCs) in Aceh differs greatly from those in other regions of Indonesia. This process shall adhere to the Government Regulation No. 23 of 2015 on the Joint Management of Oil and Gas Natural Resources in Aceh, as the legal foundation for the Aceh Government’s authority in managing these resources. Accordingly, the Aceh Government shall be involved in the drafting, amendment, and termination of the PSCs, which also includes issues related to data management, payment of signature and production bonuses, audits, transfer of participating interests, involvement of Aceh-owned enterprises, and determination of CSR funds. However, there is only one oil and gas PSC in the Pase Block, signed between the Aceh Regional Development Company and Triangle Pase Inc. on May 22, 2015. This study explored the implementation of the PSC in the context of foreign investment in the upstream oil and gas sector in Aceh. Employing a normative juridical method, the study collected data by means of interviews and literature reviews, and analyzed the data based on oil and gas regulatory frameworks. The findings revealed that the implementation of the PSC indicated several contractual obligations that were not fulfilled or were violated by Triangle Pase Inc., causing financial losses to the Aceh Regional Development Company. As a result of these violations, the Aceh Regional Development Company filed a legal claim through the Indonesian National Arbitration Board, whose decision was to reject all of the Company’s claims and to require it to pay arbitration costs. Therefore, the Aceh Regional Development Company promptly filed for the annulment of the decision issued by the Indonesian National Arbitration Board.
Copyright (c) 2025 Nurdin MH Nurdin MH, Analiansyah Analiansyah http://creativecommons.org/licenses/by-sa/4.0
This study develops a maqashid-based inclusive Qur'anic interpretation framework specifically designed for the millennial generation, addressing the significant decline in Qur'anic literacy among young Muslims. The research employs a qualitative approach utilizing library research methodology, integrating hermeneutic analysis, content analysis, and comparative analysis to examine classical maqashid literature and contemporary interpretation challenges. The maqashid al-shariah approach, emphasizing the five essential objectives of preserving religion, life, intellect, lineage, and wealth, provides the theoretical foundation for developing interpretation methods that are both theologically authentic and contextually relevant. The mashlahah (public interest) framework serves as the primary evaluative mechanism for assessing the effectiveness and appropriateness of contemporary interpretation approaches. Results demonstrate successful integration of classical Islamic principles with millennial learning preferences, addressing challenges including digital misinformation, psychological compatibility, gender inclusivity, and cultural diversity. The framework provides systematic solutions for quality control in digital Islamic education, algorithmic bias mitigation, and the development of engaging yet scholarly interpretation content. Implementation guidelines offer practical approaches for educators and institutions to adopt maqashid-based interpretation methods effectively. The study confirms that Islamic teachings remain suitable for all times and places (al-Islam shalih li kulli zaman wa al-makan), demonstrating how Qur'anic interpretation can evolve methodologically while preserving essential principles. This research contributes significantly to Islamic educational theory, providing innovative approaches that maintain scholarly rigor while addressing contemporary generational needs and challenges.
Copyright (c) 2025 Hasani Ahmad Said, Moh Mukri, Jum Anggriani, Ali Abdul Wakhid http://creativecommons.org/licenses/by-sa/4.0
Integrating Project Citizen and Qanun Jinayat in Civic Education to Prevent Sexual Violence in Acehnese Higher Education
This study aims at investigating the university students’ perceptions of the Project Citizen learning model on civic education with the integration of the local wisdom, Qanun Jinayat, to prevent sexual violence. This study employed a mixed-method which gathered data using questionnaires and interviews. The participants involved in this study were 68 students for questionnaires and 7 students for the interviews from Universitas Bina Bangsa Getsempena Banda Aceh, Aceh, Indonesia. Quantitative data were analyzed descriptively, while qualitative data were analyzed thematically. The findings of study reveal that students generally held positive views on integrating Qanun Jinayat through Project Citizen to protecting against sexual violence. Students also recognized Qanun Jinayat as a culturally and legally legitimate framework and valued its integration into participatory, problem-based learning. They also identified challenges such as stigma, fear, and institutional gaps, while putting emphasis on the importance of community collaboration and their own active roles in the prevention of sexual violence. Thus, universities are encouraged to integrate local wisdom and legal literacy into their curricula and to strengthen collaboration with community and legal institutions to prevent sexual violence.
Copyright (c) 2025 Helminsyah Helminsyah, Yusnadi Yusnadi, Edy Surya, Lili Kasmini and Mulyani Mulyani http://creativecommons.org/licenses/by-sa/4.0
Re-read Hadith of Prophet Muhammad in the Context of LGBT
The study aims to understand the interpretation of relevant Hadith texts in modern contexts, in light of the growing debate over LGBT rights and social acceptance among Muslim communities. The study uses qualitative research methods with the analysis of Hadit texts related to sexual behavior and morality, as well as interviews with scholars. The results of research show that the practice of LGBT people in the Hadith of the Prophet is called a fahisyah because, out of the human fitrah, their respective identities have been embedded. According to fiqh scholars, LGBT practices are unlawful, and the perpetrators must be given strict penalties in accordance with the gravity of the acts committed. In a social and cultural approach, LGBT practices can be accepted on the one hand by considering the human rights aspects and the principles of tolerance and the preservation of peace and well-being, but on the cultural side, people are alien to such practices because they have never been found in the tradition of traditional Muslim society or Indonesian society in general. In Islamic psychology, LGBT practices are mental illnesses caused by the domination of angry impulses, so that the tendency to make mistakes becomes greater and to deny things of a good nature. In health science, LGBT practices are becoming one of the biggest infectious causes of deadly diseases such as HIV/AIDS, gender diseases, and other contagious diseases. Thus, LGBT practices are still becoming a barrier to practice in Indonesian society, which is still traditional and adheres firmly to Islamic principles.
Copyright (c) 2025 Abdul Rahman Qayyum, Miftahuddin Miftahuddin, Yernati Ulfazah, Darsul S Puyu, La Ode Ismail Ahmad http://creativecommons.org/licenses/by-sa/4.0
Dynamics of Interdisciplinary Islamic Education Learning in Indonesian High Schools Based on Islamic Law
Twenty-first-century learning demands that students go beyond mastering religious content to solve authentic problems collaboratively. Islamic Religious Education must adopt an interdisciplinary approach rooted in Islamic law that bridges Qurʾan–Sunnah teachings with social sciences, science, technology, arts, and culture. This study aims to reveal the essence of the experiences of Islamic Religious Education teachers in Kendari senior high schools who have integrated Islamic Religious Education content with other disciplines for at least one year. A qualitative phenomenological design was employed. Purposefully selected teachers participated in in-depth interviews, participatory observations, and written reflections. Data were analyzed through bracketing, phenomenological reduction, textural-structural description, and synthesis of the essence following the Moustakas model. Findings confirm that an interdisciplinary, law-based Islamic Religious Education framework cultivates a contextual and collaborative learning ecosystem. The study affirms that an interdisciplinary approach grounded in Islamic law enhances student learning quality and continuously builds teacher competence, collaboration, and self-reflection, fostering a more adaptive and innovative school ecosystem aligned with Islamic character values by designing maqasid-based
Copyright (c) 2025 Masdin Masdin, Muhammad Ilham, Beti Mulu, Sitti Nurfaidah, Samrin Samrin http://creativecommons.org/licenses/by-sa/4.0
The Position of Maqasid al-Shariah within Islamic Legal Sources
This study examines the position of maqasid al-shariah (objectives of Islamic law) within the hierarchy of Islamic legal sources and its role in contemporary legal derivation. While maqasid al-shariah serves as a framework for preserving five essential elements (religion, life, intellect, lineage and property), its precise position within Islamic legal sources remains ambiguous. This research addresses whether maqasid functions as a primary source equivalent to the Quran and Sunnah or merely as an interpretative tool and how it interacts with secondary sources like qiyas, istihsan and maslahah mursalah. Employing document analysis, comparative analysis and interdisciplinary approaches integrating usul al-fiqh and maqasid studies, this research examines primary Islamic sources and classical and contemporary scholarly works. Findings reveal that maqasid maintains an organic relationship with primary sources while serving as an evaluative framework for secondary sources. In qiyas, maqasid guides identification of 'illah (legal cause); in istihsan, it justifies departures from strict analogical reasoning; for maslahah mursalah, it distinguishes valid public interests; and it filters ‘urf (custom) and guides sadd al-dhara'i (blocking means to harm). Contemporary applications in Malaysia and Indonesia demonstrate maqasid's practical significance. During COVID-19, religious authorities used maqasid-based reasoning to suspend congregational prayers, prioritizing life preservation. In Islamic finance, maqasid principles guide evaluation of cryptocurrency and digital sukuk. The emergence of “maqasid-oriented ijtihad” represents a methodological innovation integrating traditional usul al-fiqh with maqasid considerations. This research clarifies that maqasid al-shariah functions not as a separate hierarchical source but as an integral framework permeating all levels of legal derivation. The findings suggest traditional usul al-fiqh methodologies, when properly integrated with maqasid principles, remain adequate for realizing shariah objectives in modern contexts, though requiring dynamic application responsive to contemporary realities.
Copyright (c) 2025 Muhammad Nazir Alias, Muhammad Najib Abdullah, Mohd Farihal Osman, Nor Faizah Ismail and Mohd Sham Khamis http://creativecommons.org/licenses/by-sa/4.0
Family Dynamics and Social Cohesion in the Intermarriage of Indonesian Muslims in Australia
This paper examines the practice of intermarriage, between Indonesian Muslims and non-Indonesian converted Muslims living in Australia. Very little is known about this intermarriage phenomenon and its internal dynamics and patterns of social interaction. Building on Ibn Khaldun’s concept of asabiyyah (group solidarity) that intermarriage can be understood as an intimate link between social groups leading to social cohesion, the paper argues that intermarriage decreases the salience of cultural distinctions and couples and in-group members lose the negative attitudes they may have had toward the out-groups. The research is an empirical study which was conducted through in-depth interviews with 12 married couples, focus group discussions, and observations and yields two key conclusions. First, varying levels of challenges specifically favourable, mildly demanding, moderately trying, and highly challenging establish family dynamics in which the dual-integrated approach to family resilience is enacted. Social circles strongly influence the religious commitment and faith of mixed marriage families, presenting the most problematic distinctions to address. Second, the social cohesion they formed is diverse and strengthens across generations, which impacts on the social and cultural identities of the future offspring who will end up with mixed or multi-ethnic origins. Thus, this article argues that the intermarried partners, although were from different social, cultural, and ethnic, backgrounds, demonstrably shared some common values and aspirations which acted as building-blocks for unity and contributed to in-group and out-group social cohesion.
Copyright (c) 2025 Atun Wardatun, Jan A. Ali, Linda Firdawaty and Maghfurrohmah http://creativecommons.org/licenses/by-sa/4.0
Financial Management of the Grand Mosque in Aceh from the Perspectives of the Sharia Economic Law
This research was conducted in response to the phenomenon that many mosques in Aceh do not prepare financial reports in accordance with ISAK 35 (Interpretation of Financial Accounting Standards). Since 2019, the Financial Accounting Standards Board (DSAK) has replaced PSAK 45 and ratified ISAK 35 as the guideline for the presentation of financial statements of non-profit entities, which took effect in January 2020. This standard also applies to the financial reporting of mosques as non-profit institutions. At present, the accountability of mosque financial management in Aceh is generally limited to reports of cash receipts and disbursements, which constitute only a part of the cash flow statement. However, ISAK 35 stipulates that the financial statements of non-profit entities should consist of: (1) a Statement of Financial Position, (2) a Statement of Comprehensive Income, (3) a Statement of Changes in Net Assets, (4) a Statement of Cash Flows, and (5) Notes to the Financial Statements. Given the large number of mosques in Aceh and to avoid the time constraints of completing this research, this study focuses solely on the Grand Mosques managed by the regencies/cities in Aceh Province. The findings reveal that the financial reports of the Grand Mosques across the 23 regencies and cities in Aceh remain incomplete. First, the reports prepared and presented by mosque administrators are still limited to records of cash receipts and expenditures. Second, mosque management personnel generally lack sufficient knowledge of financial reporting practices and standards. Third, most mosque administrators and staff are elderly, which further constrains the implementation of proper financial reporting procedures. It is also important to emphasize that mosque financial management must be based on sharia-based financial and accounting principles so that the mosque is not only a center of worship but also an institution for economic, educational, and community empowerment
Copyright (c) 2025 Muhammad Iqbal, Ridwan Nurdin, Soraya Devy, Jen Surya, and Rizki Yunanda http://creativecommons.org/licenses/by-sa/4.0
Problems of Muslim Society in Southeast Asia
One of the problems of Islamic law in Southeast Asia and even the world today is the emergence of online games in Muslim society. Therefore, concerns have arisen about the game, how it impacts Muslim society, whether it is in accordance with Islamic law or not. This study aims to examine the impact of online games on Muslim society and how Islamic law views it. This qualitative study applies content analysis related to Islamic legal analysis. Reference terms have been compiled as a guideline, taken from the main opinions of three schools of thought, namely al-Syafi'iyyah, al-Malikiyyah, and al-Hanabilah according to their main references. Interviews with sharia experts provide information on the assessment of this third item. Finally, Islamic legal analysis determines the decision on these items related to justice according to the opinions of the previously mentioned schools of thought with their reference terms. This study reveals that the mystery box and unlimited purchase features in dare and esports games are compared to the requirements of justice according to sharia. Online games are not only contrary to Islamic law because they contain elements of gambling, fraud and speculation. Online games can also have negative impacts on the perpetrators such as psychological, health, economic, social and mental disorders, so that the perpetrators can behave abnormally both physically and psychologically. In addition, it also goes against Malay cultural values ​​that uphold strong Islamic teachings in society. This study also recommends that the government strictly control and grant permits to institutions that create online games that are more educational and beneficial for people in Southeast Asia, especially Malaysia and Indonesia.
Copyright (c) 2025 Amir Fazlim Jusoh Yusoff, Mursyid Djawas http://creativecommons.org/licenses/by-sa/4.0