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Contact Name
Widia Sulastri
Contact Email
wsulastri1982@gmail.com
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+6281363439913
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jurnalsamara25@gmail.com
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INDONESIA
Samara: Journal of Islamic Law and Family Studies
ISSN : -     EISSN : 30320062     DOI : -
Samara: Journal of Islamic Law and Family Studies is the scholarly journal that publishes original and contemporary researches and thoughts concerning Islamic Law, Family Studies, and other studies relating to marriage, Islamic law of inheritance, gender, interreligious marriage, and human rights as well. Samara: Journal of Islamic Law and Family Studies sincerely invites Muslim Scholars all over the world to disseminate their original research and thoughts in the journal to have Muslim world benefit from them. Samara: Journal of Islamic Law and Family Studies is published by the Institute for Research and Community Service, STAI Balaiselasa YPPTI Pesisir Selatan, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Samara: Journal of Islamic Law and Family Studies It is published twice in June and December every year
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 2 No. 1 (2024): June" : 5 Documents clear
Support for Child Education Post-Divorce Majid, Ikhwanuddin Abdul; Sesmita, Jeniver Tri; Faraditsi, Fauzia; Fitri, Rika; Daulad, Ahmad
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Most people who have experienced divorce no longer prioritize supporting their children's education. They become busy with their new family, ignoring the needs of their children who need love, education, and other needs. This research aims to analyze children's educational support after divorce using a qualitative case study approach. Data was collected through document analysis, including court records, local policies, educational agency reports, and statistical data related to children's education in the area studied. Direct observations were also carried out to understand environmental conditions and the situation of children affected by divorce. The research results show that post-divorce child education support has not been fully implemented. Most divorced parents do not provide adequate support, which causes some children to be forced to stop going to school. Thematic analysis revealed that economic factors, parents' lack of understanding about the importance of education, as well as the lack of policies that support children's educational rights after divorce, contributed to the lack of educational support for these children. These findings emphasize the need for more effective interventions in the form of policies and programs that support the continuity of children's education after divorce.
Provision of Family Maintenance From The Income of Fighting Cocks: The Perspective of Saddu Az-Zari'ah Siregar, Linda Sari Bulan; Taufan, Taufan; Sulastri, Widia; Khairi, Muhammad; Samsurizal, Samsurizal; Hertasmaldi, Hertasmaldi
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

This research aims to analyze the law of providing family support from income from raising fighting cocks from Saddu Az-Zari'ah's perspective. This research uses a qualitative method with a descriptive approach and an empirical juridical legal approach. Data collection techniques include observation, interviews, and documentation. The results of the research can be concluded that the law regarding family support from income from raising fighting cocks in Saddu Az-Zari'ah's view is considered haram. Because, includes bad actions that lead people to immoral acts, as stated in the provisions of Saddu Az-Zari'ah to determine the legal means (means) that prohibit it. If the result of an action brings benefit as taught by the Shari'a, then this method is permissible, and conversely, if the result of an action is detrimental, even though the aim is for good (supporting the family) then it is considered haram.
Inheritance Relationship Between Children Born Out of Wedlock and Their Biological Fathers Putri, Sonita Rifa Rahayu; Efendi, Faisal; Razak, Dudung Abdul; Syaputra, M. Zikri; Candra, Afrikal
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

The aim of this research is to analyze the Constitutional Court Decision Number 46/PUU VIII/2010 concerning Review of Law Number 1 of 1974 on inheritance rights between illegitimate children and their biological father. The research method used is qualitative research with a descriptive approach and a normative juridical perspective. The research results show that factors that allow someone to receive an inheritance include marital relations, kinship relations, and the emancipation of slaves. Legal considerations in Constitutional Court Decision Number 46 concerning Review of Law Number 1 of 1974 state that illegitimate children have a civil relationship with their mother and family, as well as with a man who is known to be their father based on science. Proof or other valid evidence that establishes the existence of blood relations, including civil relations with the father's family. Meanwhile, analysis of the Constitutional Court Decision Number 46 concerning Review of Law Number 1 of 1974 which is strengthened by Article 43 paragraph 1 of the Marriage Law confirms that a child's relationship with a man as his father is not solely based on the existence of a marriage bond. but it can also be based on evidence of a blood relationship between the child and the man identified as the father.
Dilemma of Unregistered Marriage for Establishing Children's Lineage Aples, Aples; Mardianton, Mardianton; Rahmita, Rahmita; Kapitri, Neneng; Nurlaila, Nurlaila; Yusrizal, Syamsi
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
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Abstract

The petitioner filed a request for the determination of lineage to ensure the child's rights are fulfilled. Based on legal considerations, the Judge granted the request by considering the evidence presented, such as letters and witness testimonies. Legal facts indicate that the children were born from the lawful marriage of Petitioner I and II, thus they are eligible to be recognized as legitimate children. This chapter discusses the research findings and discussion regarding the background of the implementation of marriage reformation/tajdid nikah and the submission of requests for the determination of child's lineage in case No. 115/Pdt.P/2023/PA.PN at the Religious Court of Painan. The research method used by the researcher is a legal approach (state approach) with descriptive-analytical specifications in the case decision: 115/Pdt.P/2023/PA.PN. Results. Firstly, the reformation of marriage in Case 115/Pdt.P/2023/PA.PN is based on reasons that align with religious and governmental regulations, such as the previous marriage being terminated due to the waiting period (iddah), for administrative validity, and the marriage being conducted solely for the official record from the Office of Religious Affairs (KUA). Secondly, the background of the submission of the request for the determination of child's lineage is because Petitioner I and II had a secret marriage in 2015, were blessed with 2 children, their effort for formalizing the marriage was rejected, then they officially registered their marriage in 2023. The aim is to ensure the fulfillment of the children's rights such as birth certificates and education. Thirdly, in deciding the case of the child's lineage, the judge's consideration is based on juridical, philosophical, and sociological aspects, taking into account the fulfillment of the rights and welfare of the child.
Analysis of the Phenomenon of the Transfer of Waqaf Assets in Muslim Societies Zulkifli, Musa; Syaputra, Andra; Fauzi, M.; Ediz, M. Hidayat; Nuraiman, Nuraiman
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 1 (2024): June
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This research was motivated by discovering waqf land originally built with a prayer room (mushalla). The position of this waqf land is on a hill. However, the prayer room that had been built there was dismantled by the wakif's descendants and moved to another location. The location of the prayer room which was demolished was then used to build a house. This research aims to analyze the transition of the function of waqf land according to Law Number 41 of 2004. This research uses qualitative research methods with a descriptive approach. Data sources include direct interviews, observation, and documentation. The author uses a normative juridical and empirical juridical approach in analyzing the transition of the function of waqf land by Law Number 41 of 2004. Based on the results of this research analysis, the results showed that first, the public's view of the transfer of waqf land shows that some people still do not know the laws governing waqf land. This is proven by the existence of several individuals who have transferred the function of waqf land. Second, the waqf land originally had a prayer room on it and was located on a hill. The prayer room was dismantled by the wakif's grandchildren and reused elsewhere. The location of the prayer room which was demolished was then used by the wakif's grandchildren to build a house. Third, an analysis of Law Number 41 of 2004 concerning the Transfer of Waqf Land shows that the status of waqf land that has been allocated is prohibited from being changed or transferred in any form except for exchange for the public interest by the spatial planning contained in Law Number 41 of 2004 concerning Waqf Articles 1 and 2.

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