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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. 3 No. 1 (2025): June" : 5 Documents clear
The Effectiveness of Fiqh Rules on Law Number 16 of 2019 Hertasmaldi, Hertasmaldi; Sulfinadia, Hamda; Mardianto, Mardianto; Abdul Razak, Dudung; Efendi, Faisal
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Legal certainty must be present in a law or regulation. Without legal certainty, the rights of legal subjects will be violated and neglected. Similarly, without legal certainty, legal subjects will feel anxious and insecure because they feel that the law does not protect them. Law Number 16 of 2019 concerning Amendments to Law Law No. 1 of 1974 is considered to lack legal certainty and clarity, as the determination of the marriage age limit in that law is based solely on Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection. This type of research is library research. Library research is a series of activities related to the methods of collecting library data, reading and recording, and processing research materials. Law No. 16 of 2019 still allows Indonesian society to engage in child marriage under the legal age. This law must be considered from various legal perspectives and have clear legal consequences, so a comprehensive revision of this law is necessary. Even if possible, Law No. 1 of 1974 should be reviewed and adjusted to the legal issues that exist now and in the future. By applying the concept of public interest and rejecting harm in a law or regulation, the objectives of that law or regulation will be achieved and become effective.
Transfer of Function of Waqf Land Analysis of Law Number 41 of 2004 Thuwaiba, Thuwaiba; Habiburrahman, Muhammad; Isma Putri, Cici
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

This article was written based on the discovery that there was waqf land that was originally built as a prayer room. The waqf land was located on a hill. However, the prayer room that had been built was demolished by the waqf's grandson and moved to another location. A house was built on the site of the demolished prayer room. The author used qualitative research methods, employing descriptive methods. The data collection tools were observation, interviews, and documentation. Since this study analyzed the transfer of waqf land functions based on Law No. 41 of 2004, the author used a normative legal and empirical legal approach in this paper. From the research findings, it can be concluded that first, the views of the surrounding community regarding the conversion of waqf land indicate that some members of the community are unaware of the laws governing waqf land. This suggests that the community's understanding of waqf land is still limited, as evidenced by some members of the community converting the function of waqf land. Second, the waqf land was originally built as a mosque. The location of the endowment land is on a hill, but the mosque that had been built was demolished by the endower's grandchild and relocated to another place. The site of the demolished mosque was then built into a house by the endower's grandchild. Third, an analysis of Law No. 41 of 2004 on the conversion of the function of waqf land states that waqf land that has been donated as waqf is prohibited from being changed in status or transferred in any form except through an exchange intended for public interest in accordance with the general spatial plan outlined in Law No. 41 of 2004 on Waqf, Articles 1 and 2.
The Role of the Office of Religious Affairs in Addressing Underage Marriage Putri, Nadia; Putri Utami, Melya; Rahmi, Zulhijatur; Putra, Dontes
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Child marriage is a complex issue that remains prevalent in Indonesia, despite being regulated by Law No. 16 of 2019, which sets the minimum age for marriage at nineteen years. This phenomenon not only impacts children's fundamental rights, such as access to education and healthcare, but also has the potential to trigger long-term social, economic, and psychological issues. This study aims to analyze the extent to which the Religious Affairs Office fulfills its role in preventing child marriage, as well as to identify the challenges and strategies implemented within the social and cultural context of the local community. This study uses a qualitative approach with a field study method. Data was collected through in-depth interviews with Religious Affairs Office officials, religious leaders, village officials, and the community, and analyzed using descriptive qualitative methods. The results of the study show that the Religious Affairs Office has a strategic role in preventing child marriage, particularly through religious counseling and age verification of prospective brides and grooms. However, this role still faces significant obstacles, such as low public legal awareness, cultural and economic pressures, and the limited authority of the Religious Affairs Office to reject marriages that have obtained a dispensation from the court. However, the active involvement of the Office of Religious Affairs in collaborating with other agencies and community leaders has reduced the incidence of child marriage in recent years. The implications of this study emphasize the importance of strengthening the institutional capacity of the Office of Religious Affairs as the frontline in protecting children's rights.
Interpretation of the Application of Law in Islamic Families in Indonesia Sahara, Elfi; Mulyani, Ridha
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

In Indonesia's legal system, which is a state based on law (rechstaat), positive law is enforced, namely the law that applies in a certain place at a certain time as a valid legal system. The type of research used is library research, which involves the use of written materials such as manuscripts, books, magazines, newspapers, and other documents containing information about inheritance and gift laws currently in force in Indonesia, both according to Islamic law and Indonesian civil law. The nature of the research in this article is descriptive-analytical, which is research that aims to describe in detail the characteristics or features of a developing or ongoing situation as an influence in producing legal products in accordance with the developments of the times and places, which in this case will attempt to explain the importance of legal interpretation of legislation to produce fair and beneficial laws. The relationship between law and society is reciprocal; sometimes law influences society, and vice versa, society influences law. However, due to the value of legal certainty in a fixed rule that has been codified in the form of legislation, the law is sometimes understood in a static and rigid manner, thereby failing to provide justice and benefit in certain cases.  Thus, it can be said that the method of interpretation is one of several methods for discovering laws that have value in terms of justice and benefit, especially methods that must be mastered by judges in court proceedings, including grammatical, historical, systematic, extensive, restrictive, valid, teleological, interdisciplinary, multidisciplinary, comparative, and futuristic interpretations. In terms of relevance, legal interpretation methods are highly significant for the development of law characterized by certainty, justice, and public welfare, such as in the fields of Islamic family law and Islamic economics.
The Law on Marrying Off Children Out of Wedlock by Their Biological Father According to Imam Syafi'i Salsabillah, Alya; Khairunnisa, Dwi; Dwi Anggraini, Putri; Bastian, Adol
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

In recent times, there have been many cases of biological fathers marrying off their daughters outside of marriage, one of the factors being that the girl's parents did not disclose that she was born out of wedlock (adultery). The objective of this study is to examine the ruling on a biological father marrying off his daughter outside of marriage according to Imam Syafi'i. Imam Syafi'i opines that the marriage of a daughter by her biological father is invalid. This research employs a qualitative method with a library research (literature review) approach. Data were collected through the analysis of primary and secondary sources related to Islamic jurisprudence, particularly the views of Imam Syafi’i. The study aims to understand the legal and theological reasoning behind Imam Syafi’i’s opinion, by critically examining classical and contemporary scholarly works.

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