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Widia Sulastri
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Samara: Journal of Islamic Law and Family Studies
Published by STAI Balaiselasa YPPTI Pesisir Selatan
ISSN : -     EISSN : 30320062     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
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
 1 
Search results for , issue "Vol. 2 No. 2 (2024): December" : 5 Documents clear
Exploring the Reasons Behind Divorce in Muslim Families Ediz, M Hidayat; Datres, Datres; Yusrial, Yusrial; Zulfadli, Zulfadli; Biswadi, Biswadi; AN, Rusydi; M, Gusmarni
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 2 (2024): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Divorce among Muslim families has become a growing phenomenon over the past few decades. Despite Islam's emphasis on the importance of family and marriage, many Muslim couples face difficulties in maintaining their marriages. This study aims to understand the reasons behind divorce among Muslim families. This qualitative study employed a phenomenological approach, with data collected through in-depth interviews with ten informants selected using purposive sampling. All informants were Muslim couples who had experienced divorce. In addition to in-depth interviews, the researcher also conducted document analysis from the Ministry of Religion of the Republic of Indonesia from 2016 to 2024. All data were analyzed using thematic analysis techniques by Miles and Huberman. The study's findings indicate that the reasons behind divorce among Muslim families are complex and multifaceted. However, the most common reasons include continuous conflicts and quarrels, poor communication, domestic violence, differences in values and beliefs, economic pressure, and lack of knowledge on building a harmonious family. This study contributes to a deeper understanding of the reasons behind divorce among Muslim families. The findings can also be used as a reference for developing more effective programs and services to prevent and address divorce among Muslim families
The Impact of Parental Divorce on Adolescent Social Behavior: An Islamic Legal Perspective Dwi Afifah, Adila; Elvionita, Elsa; Yusrial, Yusrial; Ringgit, Awang
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 2 (2024): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Adolescents, as individuals in the transitional phase toward adulthood, are highly vulnerable to changes in the family environment, especially those resulting from parental divorce. This study is motivated by concerns over the increasing incidence of social dysfunction among adolescents from divorced families, such as declining academic performance, deviant behavior, and emotional disturbances. The study aims to analyze and describe in depth the impact of parental divorce on adolescents' social behavior, both from psychological and social perspectives, and to examine the issue through the lens of Islamic law. Additionally, this study aims to identify efforts that can be made to ensure that adolescents maintain good social and moral resilience after their parents' divorce. The research method used is a descriptive qualitative approach with data collection techniques through observation, in-depth interviews, and documentation. The study was conducted on several adolescents from divorced families. Data analysis was performed through data reduction, data presentation, and inductive conclusion-drawing. The results of the study indicate that parental divorce has a significant impact on adolescents' social behavior. The implications of this study are the need for active roles from various parties, such as extended families, communities, schools, and religious institutions, to provide emotional and spiritual support to adolescents who are victims of divorce. Additionally, there is a need for regulations that strengthen parents' obligations in raising children post-divorce to ensure their healthy social and spiritual development. This study is expected to serve as an academic and practical reference in developing an inclusive social support system for adolescents affected by divorce.
The Childfree Phenomenon and Its Impact on Family Resilience: An Islamic Legal Perspective Abdul Latief, Muhammad; Sri Insani, Silvi; Ardianto, Firdaus; Hafizi, Ihsanul; Nurhaliza, Pioni
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 2 (2024): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

The childfree phenomenon is becoming an increasingly discussed topic in the modern era, including in Indonesia. In a society that culturally and religiously considers children to be a blessing and the main purpose of marriage, the childfree choice raises controversy and debate, especially when examined from the perspective of Islamic family law. This study aims to analyze how the childfree phenomenon is viewed from the perspective of Islamic law and to what extent this decision impacts family resilience. The study is motivated by the increasing number of couples choosing not to have children for reasons such as career, personal freedom, or concerns about social and environmental conditions. The research method used is a qualitative approach with literature review and normative analysis of verses from the Quran, hadith, and opinions of scholars regarding the command to have children and the purpose of marriage in Islam. Additionally, the researcher also uses a sociological approach by referring to theories of family resilience to assess the practical impact of childfree within the structure of Muslim families. Data was obtained from scientific literature, Islamic documents, and in-depth interviews with several Muslim couples who practice the childfree principle. The main findings of this study indicate that although Islam does not explicitly prohibit childfree, there is a strong encouragement in Islamic teachings to have children as a form of continuing the family line, strengthening family bonds, and fulfilling the maqashid al-syari'ah.
The Impact of Illegal Divorce on Women's Rights According to the Compilation of Islamic Law Adrianto, Adrianto; Sulastri, Widia; Mardianton, Mardianton; Suarni, Lili; Afifa Zahra, Lilis
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 2 (2024): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Divorce can be legally obtained through religious courts. However, many married couples still choose to divorce outside of court, a practice known as “illegal divorce.” As a result, the husband fails to fulfill his obligation to provide iddah and mut’ah maintenance to his wife. This study aims to investigate the impact of women's rights on iddah and mut’ah maintenance following illegal divorce in the village of Koto Panai. The research method employed is qualitative, utilizing a legal-empirical approach in the form of field research. The research informants include 5 families (husband and wife) post-illegal divorce, community leaders, and the Religious Affairs Office. Data collection methods include observation, interviews, and documentation. Data analysis was conducted through data reduction, data presentation, and conclusion drawing using triangulation techniques. The research results indicate that the impact of women's rights on iddah maintenance after illegal divorce is significant, both economically, psychologically, and socially. Illegal divorce can also have various negative impacts on women, men, and children. Illegal divorce can also have various negative impacts, not only on women and men, but also on children in families after illegal divorce. The causes are diverse, such as economic and communication factors. Meanwhile, the social impact of illegal divorce has negative consequences for women, such as loss of economic rights, child custody rights, and social stigma. Based on the results of this study, we identified the social impact of illegal divorce on women's rights, as well as an analysis of the factors that influence the social impact of illegal divorce on women's rights.
The Development of Ideas for Reform and Transformation of Islamic Family Law Becoming Legislation in Islamic Countries Yuzaini, Zakia; Candra, Afrikal; Mulyani, Ridha; Fadli Rambe, Khairul; Sasralina, Rika; Ilman Nafian, Zidni
Samara: Journal of Islamic Law and Family Studies Vol. 2 No. 2 (2024): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Family law reform in Muslim countries remains a subject of debate among the global Muslim community because they believe that Islamic family law and family law are not equal.   This article aims to examine the renewal and transformation of family law in the Islamic world. This research is a literature review, with a descriptive-analytical research type. The approach used is interdisciplinary, namely comparative, legal, philosophical, and historical. The sources of this research include primary sources such as law books and secondary sources such as theses, dissertations, and journal articles. The factors influencing the renewal of Islamic family law in the world are politics, economics, and social law.  The methods of Islamic legal reform are siyasyah al-shar'iyyah, takhayyur, takhsis al-qhadha, the old theory of ijtihad, ijma, qiyas, maslahah mursalah, and sadd' al-dhari'ah. The renewal of Islamic law in the world includes polygamy, inheritance, marriage registration, and marriage contracts. The transformation of Islamic family law in Indonesia is reflected in Law Number 1 of 1974 on Marriage, State Gazette No. 1 of 1974, Supplement No. 3019/1974. Presidential Instruction No. 1 of 1991 on the Compilation of Islamic Law, which serves as the standard reference for judges in adjudicating cases. The 2002 Law on Child Protection, Law No. 23 of 2004 on Domestic Violence, Law No. 12 of 2022 on Sexual Violence Crimes, and  the  legislation  are in line with Islamic family law.

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