- Research Article
- 10.22373/sjhk.v9.i3.26900
- Dec 31, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Patimah Halim + 4 more
This study examines the reality of divorce litigation at the Sungguminasa Religious Court in Gowa, the underlying reasons wives initiate divorce, and public perceptions regarding divorce proceedings at the court. It also explores the philosophical rationale of Tasri's approach in relation to the benefits of divorce litigation. Employing an empirical legal method, the study analyzes data through the lens of mashlahat theory and Islamic legal philosophy, using a case study approach based on divorce records from the court. Data were collected through in-depth interviews and document analysis, including court decisions. The findings reveal that the primary reasons wives file for divorce are closely linked to their welfare, which can be classified into three levels: darūriyyāt (essential), ḥājiyyāt (complementary), and taḥsīniyyāt (enhancing) welfare. Domestic violence (KDRT) represents a darūriyyāt welfare concern, as it threatens a wife's life and well-being. Biological needs reflect , ḥājiyyāt welfare, prompting wives to seek divorce to fulfill essential personal needs. Economic sufficiency is associated with taḥsīniyyāt welfare, contributing to the completeness of a wife's social and family life. Finally, the study notes a rising trend in divorce cases filed at the Sungguminasa Religious Court between 2021 and 2023.
- Research Article
- 10.22373/sjhk.v9.i3.25666
- Dec 26, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Abd Asis + 4 more
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.
- Research Article
- 10.22373/mtx1fb69
- Sep 18, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Nur Paikah + 4 more
This study aims to analyze employment policies to protect children's rights in employment relationships in South Sulawesi as an effort to guarantee citizens' constitutional rights as stipulated in laws and regulations on employment. This study is an empirical legal study analyzed using human rights theory, child protection and corporate social responsibility theory. Data collection techniques used in-depth interviews and literature review. The findings reveal that labor policies aimed at safeguarding children remain inadequate, resulting in economic, social, and moral exploitation, as well as negative consequences for children’s education, health, and overall development. The absence of adequate protection in employment relations ultimately hinders the formation of high-quality human resources. To address this, stronger government intervention and oversight are essential, particularly through the effective empowerment of labor inspectors to enforce regulations. This study recommends the need for harmonization of the Human Rights Law, the Employment Law, and the Child Protection Law, as well as the establishment of an Independent Employment Oversight Committee involving academic experts. Such measures are necessary to ensure the effective implementation of labor protections, prevent the exploitation of children, and support Indonesia’s goal of cultivating superior human resources by 2045.
- Research Article
- 10.22373/sjhk.v9.i3.25659
- Sep 18, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Nur Paikah + 4 more
This study aims to analyze employment policies to protect children's rights in employment relationships in South Sulawesi as an effort to guarantee citizens' constitutional rights as stipulated in laws and regulations on employment. This study is an empirical legal study analyzed using human rights theory, child protection and corporate social responsibility theory. Data collection techniques used in-depth interviews and literature review. The findings reveal that labor policies aimed at safeguarding children remain inadequate, resulting in economic, social, and moral exploitation, as well as negative consequences for children’s education, health, and overall development. The absence of adequate protection in employment relations ultimately hinders the formation of high-quality human resources. To address this, stronger government intervention and oversight are essential, particularly through the effective empowerment of labor inspectors to enforce regulations. This study recommends the need for harmonization of the Human Rights Law, the Employment Law, and the Child Protection Law, as well as the establishment of an Independent Employment Oversight Committee involving academic experts. Such measures are necessary to ensure the effective implementation of labor protections, prevent the exploitation of children, and support Indonesia’s goal of cultivating superior human resources by 2045.
- Research Article
- 10.22373/fqsfd065
- Sep 14, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Muhammad Yahdi + 2 more
This study aims to examine the forms and dynamics of the democratization of learning at Pesantren (Islamic Boarding School) Sultan Hasanuddin Gowa from the perspectives of ethics and law, with the goal of fostering Islamic cultural behavior. The main focus is to explore how the democratization of education, within the framework of legal and ethical understanding, contributes to the formation of Islamic cultural values. Utilizing a phenomenological approach, the study collected data by means of observation, interviews, and documentation. Findings reveal that ethical and legal standards regulate the relationships and interactions among students as well as between students and institutional administrators in order to create a peaceful, stable, and harmonious pesantren environment. Ethics guide students to act in accordance with accepted social and moral norms, while legal principles help prevent actions that may lead to legal consequences. Thus, ethics and law are two complementary components in shaping healthy and sustainable Islamic cultural behavior at Pesantren Sultan Hasanuddin Gowa. Cultural values can develop into ethical norms that may later be formalized into law. Islamic culture serves as the foundation of Islamic civilization, built upon key elements such as tauhid (belief in the Oneness of Allah SWT), akhlaq (morality and ethics), and knowledge. Islamic culture and civilization encompass aqidah (creed), sharia (Islamic law), and muamalah (social transactions), which together reinforce educational strength, ethical-legal principles, and social cultural order. Democratic learning enables students to internalize ethical values derived from Islamic teachings, i.e., values that have been deeply rooted and practiced throughout the history of Islamic civilization.
- Research Article
- 10.22373/sjhk.v9.i3.26413
- Sep 14, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Muhammad Yahdi + 2 more
This study aims to examine the forms and dynamics of the democratization of learning at Pesantren (Islamic Boarding School) Sultan Hasanuddin Gowa from the perspectives of ethics and law, with the goal of fostering Islamic cultural behavior. The main focus is to explore how the democratization of education, within the framework of legal and ethical understanding, contributes to the formation of Islamic cultural values. Utilizing a phenomenological approach, the study collected data by means of observation, interviews, and documentation. Findings reveal that ethical and legal standards regulate the relationships and interactions among students as well as between students and institutional administrators in order to create a peaceful, stable, and harmonious pesantren environment. Ethics guide students to act in accordance with accepted social and moral norms, while legal principles help prevent actions that may lead to legal consequences. Thus, ethics and law are two complementary components in shaping healthy and sustainable Islamic cultural behavior at Pesantren Sultan Hasanuddin Gowa. Cultural values can develop into ethical norms that may later be formalized into law. Islamic culture serves as the foundation of Islamic civilization, built upon key elements such as tauhid (belief in the Oneness of Allah SWT), akhlaq (morality and ethics), and knowledge. Islamic culture and civilization encompass aqidah (creed), sharia (Islamic law), and muamalah (social transactions), which together reinforce educational strength, ethical-legal principles, and social cultural order. Democratic learning enables students to internalize ethical values derived from Islamic teachings, i.e., values that have been deeply rooted and practiced throughout the history of Islamic civilization.
- Research Article
- 10.22373/sjhk.v9.i3.30100
- Sep 14, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Edi Rosman + 3 more
This study examines the role of Tulou as a customary criminal sanction in the Mentawai Islands, particularly in cases of sexual harassment, and its relevance to Islamic criminal law. The research problem arises from the tension between the persistence of indigenous customary practices and the formal state legal system, as well as the possibility of their convergence with Islamic law in achieving justice. The central questions addressed are: How is Tulou applied as a mechanism of sanction in Mentawai society, and to what extent can its principles be aligned with Islamic criminal law? Methodologically, this study adopts a normative legal research approach combined with a socio-legal perspective, utilizing document analysis, court decisions, and in-depth interviews with customary leaders, community figures, victims’ families, and religious leaders. The findings indicate that Tulou functions as a restorative justice mechanism by prioritizing reconciliation, acknowledgment of wrongdoing, apology, and compensation, thereby restoring social harmony and protecting communal dignity. When analyzed through the lens of Islamic criminal law (fiqh jināyah), Tulou resonates with the principles of ta‘zīr and the objectives of maqāṣid al-sharī‘ah, particularly the protection of dignity (‘ird), justice (‘adl), and public welfare (maṣlaḥah). This study is novel in its exploration of Tulou as a customary sanction within a predominantly non-Muslim society through the lens of Islamic criminal law. Unlike previous works that separate customary and Islamic law, this research highlights their convergence in achieving maqāṣid al-sharī‘ah objectives such as dignity, justice, and public welfare. In doing so, the study contributes a new perspective to the discourse on restorative justice in plural legal contexts.
- Research Article
- 10.22373/sjhk.v9.i3.7009
- Sep 14, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Mohammad Noviani Ardi + 4 more
Social media represents one of the most widely utilised platforms across the globe. This medium provides numerous conveniences for individuals to interact with one another, whether in close proximity or at a distance, among acquaintances and strangers alike. However, these conveniences do not invariably yield positive outcomes; rather, they can also entail significant disadvantages. A pressing concern is that a considerable number of cases of marital discord in Indonesia can be attributed to infidelity facilitated by social media. This study aims to assess the impact of social media usage on the quality of life and marital harmony among families in Semarang. The methodology employed in this research is quantitative, with the subjects comprising married couples residing in Semarang. Data collection was performed via a survey, utilising questionnaires administered to 131 respondents in the area. Data analysis was conducted through validity tests, reliability tests, and regression analysis employing SEM PLS software. The data was subsequently examined through the framework of Gabriel Marcel's philosophy of humanity. Marcel's philosophy is pivotal in reinstating fundamental values that define human relationships, thereby ensuring that marital connections are not merely mechanical and technocratic. This study demonstrates a significant influence of social media usage on marital harmony among families in Semarang. Consequently, collaboration among various stakeholders is essential to raise awareness regarding the paradoxes associated with social media usage. Furthermore, it is imperative to enhance couples’ understanding of the purpose of marriage and how spouses can adapt to technological advancements to ensure that family resilience remains robust. This study is positioned at a technology readiness level (TRL) of 3, involving the development of a conceptual model aimed at improving marital harmony.
- Research Article
- 10.22373/nbvyjv53
- Sep 14, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Muhammad Ali + 4 more
Scrapping menstrual blood stains is prescribed as a way to purify clothing contaminated by menstrual blood. This research explores the rulings on scraping menstrual blood stains from the perspectives of female ulama and intellectual in South Sulawesi, viewed through the lens of maʻānī al-hadīth. This study employs a qualitative library research approach, utilizing maʻānī al-hadīth. Data is gathered from hadith collections that discuss the practice of scraping menstrual blood stains. Interviews were conducted to gain additional perspectives from ulama and intellectuals in South Sulawesi. The results indicate that a contextual analysis of hadith reveals an injunction to purify clothing affected by menstrual blood, specifically by scraping off the residue adhering to the fabric. According to the ulama and intellectuals of South Sulawesi, a contextual understanding of hadith related to scraping menstrual blood stains permits the use of cleaning agents, such as detergents, to maximize efforts to clean stains or menstrual blood that adheres to the fabric. Furthermore, if the stain is irremovable, the fabric or clothing may be used for prayer, demonstrating a leniency in religious practice. In the context of maʻānī al-ḥadīth, a textual understanding can create a rigid legal character, potentially diminishing the universal message of the hadith, while a contextual approach can reveal substantive values that remain relevant in modern society.
- Research Article
- 10.22373/wqch0850
- Sep 14, 2025
- Samarah: Jurnal Hukum Keluarga dan Hukum Islam
- Edi Rosman + 3 more
This study examines the role of Tulou as a customary criminal sanction in the Mentawai Islands, particularly in cases of sexual harassment, and its relevance to Islamic criminal law. The research problem arises from the tension between the persistence of indigenous customary practices and the formal state legal system, as well as the possibility of their convergence with Islamic law in achieving justice. The central questions addressed are: How is Tulou applied as a mechanism of sanction in Mentawai society, and to what extent can its principles be aligned with Islamic criminal law? Methodologically, this study adopts a normative legal research approach combined with a socio-legal perspective, utilizing document analysis, court decisions, and in-depth interviews with customary leaders, community figures, victims’ families, and religious leaders. The findings indicate that Tulou functions as a restorative justice mechanism by prioritizing reconciliation, acknowledgment of wrongdoing, apology, and compensation, thereby restoring social harmony and protecting communal dignity. When analyzed through the lens of Islamic criminal law (fiqh jināyah), Tulou resonates with the principles of ta‘zīr and the objectives of maqāṣid al-sharī‘ah, particularly the protection of dignity (‘ird), justice (‘adl), and public welfare (maṣlaḥah). This study is novel in its exploration of Tulou as a customary sanction within a predominantly non-Muslim society through the lens of Islamic criminal law. Unlike previous works that separate customary and Islamic law, this research highlights their convergence in achieving maqāṣid al-sharī‘ah objectives such as dignity, justice, and public welfare. In doing so, the study contributes a new perspective to the discourse on restorative justice in plural legal contexts.