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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 25 Documents
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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.
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
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

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.
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 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.
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
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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
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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.
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
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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
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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.
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
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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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