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Examining the Provision of Legal and Religious Education to Islamic Families to Safeguard the Rights and Well-Being of Women and Children: A Case Study Conducted in Malang Regency, East Java

Samarah: Jurnal Hukum Keluarga dan Hukum Islam · Vol. 8 No. 3 (2024) · pp. 1526–1546

DOI
10.22373/sjhk.v8i3.19566
ISSN
2549-3167, 2549-3132
Published
2024-08-24
Publisher
Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
Language
eng

Abstract

To this present day, violence against women and children remains prevalent and shows an upward trend over the years. This phenomenon is attributed to a multitude of variables, encompassing both domestic and societal influences. The primary objective of this study is to determine the necessity of legal and religious education inside the family. In addition, it aims to investigate the consequences and potential remedies for the absence of such education in familial settings. This study employs an empirical legal methodology that combines an approach to legislation with the Islamic law. The data was collected through interviews conducted in the city of Malang, East Java and reviews of literature. The study highlights the crucial need for legal and religious education within families due to the persistently high levels of crime. The protection of women in the Islamic law extends from their pre-marital stage through marriage and even after divorce from their spouses. These rights encompass the entitlement to inherit from their parents, access to education, the right to receive love and care when they start a family, provision of bodily and spiritual nourishment, clothing, and a home or place of abode provided by their husbands. Upon divorce, a woman is entitled to receive sustenance, iddah, pastau, mut'ah, and acceptable clothing from her former spouse. Child protection in the Islamic law can be ensured by the provision of nasab (self-identity), radha` (breastfeeding), hadhanah (care and maintenance), walayah (guardianship), and nafaqah (supply of sustenance). The protection of women and children is implemented by proactive measures, such as pre-marital advising and family counseling. Repressive measures, such as issuing threats to abusers, and providing guidance and counseling to victims of violence, are also employed. Proper implementation of women's and children's rights will occur when legal and religious education is conducted within the home environment.

Keywords

Collaboration network of the authors

25 authors · 57 co-authorship links

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Institut Agama Islam Negeri Kendari
  • Universitas Islam Negeri Sultan Syarif Kasim Riau
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Marzuki MarzukiInstitut Agama Islam Negeri Kendari1
Safriadi SafriadiAffiliation unknown1
Teuku ZulkhairiAffiliation unknown1
Ibnu HajarAffiliation unknown1
Masyhuri PutraUniversitas Islam Negeri Sultan Syarif Kasim Riau1
Muhammad Pradipa WicaksonoAffiliation unknown1
Nixson NixsonAffiliation unknown1
Lukmanul HakimAffiliation unknown1
Erfaniah ZuhriahAffiliation unknown1
Rika KurniatyAffiliation unknown1
Moh. FadliAffiliation unknown1
Indah Dwi QurbaniAffiliation unknown1
Fakhrudin FakhrudinAffiliation unknown1
Ahmad WahidiAffiliation unknown1
Nur JannaniAffiliation unknown1
Meisy FajariAffiliation unknown1
Iffaty Nasyi’ahAffiliation unknown1
Khoirul HidayahAffiliation unknown1
Roibin RoibinAffiliation unknown1
Rayno Dwi AdityoAffiliation unknown1
Arif HidayatAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.ar-raniry.ac.id/index.php/samarah/oai, first harvested 7 Nov 2026, last seen 7 Nov 2026.
Original metadata (oai_dc)
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	<dc:title xml:lang="en">Examining the Provision of Legal and Religious Education to Islamic Families to Safeguard the Rights and Well-Being of Women and Children:  A Case Study Conducted in Malang Regency, East Java</dc:title>
	<dc:creator xml:lang="en">Harry, Musleh</dc:creator>
	<dc:creator xml:lang="en">Saifullah, Saifullah</dc:creator>
	<dc:creator xml:lang="en">Jundiani, Jundiani</dc:creator>
	<dc:creator xml:lang="en">Fajarani, Meisy</dc:creator>
	<dc:subject xml:lang="en">Education</dc:subject>
	<dc:subject xml:lang="en">legal system</dc:subject>
	<dc:subject xml:lang="en">religious beliefs</dc:subject>
	<dc:subject xml:lang="en">protection of women and children</dc:subject>
	<dc:subject xml:lang="en">Islamic legal principles</dc:subject>
	<dc:description xml:lang="en">To this present day, violence against women and children remains prevalent and shows an upward trend over the years. This phenomenon is attributed to a multitude of variables, encompassing both domestic and societal influences. The primary objective of this study is to determine the necessity of legal and religious education inside the family. In addition, it aims to investigate the consequences and potential remedies for the absence of such education in familial settings. This study employs an empirical legal methodology that combines an approach to legislation with the Islamic law. The data was collected through interviews conducted in the city of Malang, East Java and reviews of literature. The study highlights the crucial need for legal and religious education within families due to the persistently high levels of crime. The protection of women in the Islamic law extends from their pre-marital stage through marriage and even after divorce from their spouses. These rights encompass the entitlement to inherit from their parents, access to education, the right to receive love and care when they start a family, provision of bodily and spiritual nourishment, clothing, and a home or place of abode provided by their husbands. Upon divorce, a woman is entitled to receive sustenance, iddah, pastau, mut'ah, and acceptable clothing from her former spouse. Child protection in the Islamic law can be ensured by the provision of nasab (self-identity), radha` (breastfeeding), hadhanah (care and maintenance), walayah (guardianship), and nafaqah (supply of sustenance). The protection of women and children is implemented by proactive measures, such as pre-marital advising and family counseling. Repressive measures, such as issuing threats to abusers, and providing guidance and counseling to victims of violence, are also employed. Proper implementation of women's and children's rights will occur when legal and religious education is conducted within the home environment.</dc:description>
	<dc:publisher xml:lang="en">Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry</dc:publisher>
	<dc:date>2024-08-24</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/19566</dc:identifier>
	<dc:identifier>10.22373/sjhk.v8i3.19566</dc:identifier>
	<dc:source xml:lang="en">Samarah: Jurnal Hukum Keluarga dan Hukum Islam; Vol. 8 No. 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam; 1526-1546</dc:source>
	<dc:source>2549-3167</dc:source>
	<dc:source>2549-3132</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/19566/9894</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2024 Musleh Harry, Saifullah Saifullah, Jundiani Jundiani, Meisy Fajarani</dc:rights>
</oai_dc:dc>