Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Kalosara: Family Law Review Tasyri'
Wadi, Lalu Tambeh
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Navigating Divorce in the Global South: Comparative Insights into Legal Procedures and Gender Implications in Muslim-Majority Countries Wadi, Lalu Tambeh; Muhasim, Ahmad; Sado, Arino Bemi; Muhammad Haydar Al Kautsar
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11721

Abstract

Although research on divorce has been extensively documented, studies focusing on the Global South remain limited. To address this research gap, this study aims to analyze a comparative overview of divorce regulations in Indonesia, Malaysia, Pakistan, Egypt, Morocco, Tunisia, and Turkey, highlighting implementation procedures and their impacts. This study employs a content analysis design of the divorce regulations applicable in the seven countries. The method used is normative research with a comparative approach. The study is grounded in Islamic family law theory as the analytical framework. The findings indicate that in Indonesia and Malaysia, divorce is processed through religious courts, with child custody and alimony rights ensured, although property division remains conservative. Pakistan permits unilateral talaq, but legal procedures for women are complex to access, and social stigma is high. Egypt, Morocco, and Tunisia grant broader rights to women, with fair property division and protection of child custody rights. Turkey combines Islamic and secular law with equitable procedures. Similarities lie in child custody and alimony rights, while differences exist in women’s access, property division, and socio-cultural impacts. Challenges include unequal rights, social stigma, and complex legal procedures. Opportunities for legal reform involve expanding women’s rights and fair property distribution. The study’s implications emphasize the need for reforms in Islamic family law to enhance gender equality and protect women’s rights. Keywords: Divorce, Comparative Law, Global South
Maslahah Analysis on Early Marriage of Broken Home Women: Case Study In Gubuk Sukun, West Tanak Beak Village muttaqien, Imamal; Wadi, Lalu Tambeh
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.299

Abstract

Marriage is a sacred bond between a man and a woman with the purpose of forming a family that is sakinah, mawaddah, and rahmah, as explained in Surah Ar-Rum verse 21. However, the phenomenon of early marriage remains prevalent, especially among girls from broken homes who are driven by various factors such as family instability, economic hardship, and social pressure. This study examines early marriage among girls from broken homes in Dusun Gubuk Sukun, Tanak Beak Barat, using a case study approach and the analysis of maslahah mursalah. Data were collected through interviews and documentation involving those who had early marriages and their families. The findings indicate that although underage marriage is not legally recognized by the state, from the perspective of maslahah mursalah, such marriages may bring benefits to girls from broken homes. This research highlights the importance of a contextual approach in understanding the practice of early marriage, as well as the need for synergy between religious values, state law, and the social realities of the community.
Co-Authors Ahmad Muhasim Arino Bemi Sado Imamal Muttaqien Muhammad Haydar Al Kautsar