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All Journal Insani: Jurnal Pranata Sosial Hukum Islam
Murdan
Institut Agama Islam Qamarul Huda, Lombok Tengah, Indonesia

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Tension between Islamic Law and Human Rights in Child Marriage Cases in Indonesia Nurmu’izzatin Zaharatul Parhi; Murdan; Hamsah Hudafi; Rizki Pangestu; Fawwaz Elmurtadho
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v1i1.3

Abstract

This study aims to build a strong knowledge base so that the transformation process can proceed inclusively and sustainably, in line with social dynamics, developments in religious interpretation, and constitutional demands and human rights commitments that have become part of Indonesian civilisation. This study applies a qualitative approach with a library research strategy that prioritises the analysis of legal documents, religious interpretations, state policies, as well as scientific publications and reports from international and national organisations related to the issue of child marriage by integrating several main frameworks to support comprehensive and multidimensional analysis. The results indicate that the tension between Islamic law and human rights in cases of child marriage in Indonesia shows that without the political courage to enforce comprehensive child protection and update religious interpretations to be responsive to reality, the state will only continue to repeat ambiguous compromises that harm the younger generation. A paradigm shift, cross-actor collaboration, and a commitment to placing children's rights at the foundation of social justice and national progress are needed for Indonesia to break free from the cycle of injustice and achieve a society that values universal human values and traditional wisdom justly.
Co-Authors Fawwaz Elmurtadho Hamsah Hudafi Nurmu’izzatin Zaharatul Parhi Rizki Pangestu