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All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora JURNAL ILMIAH PENELITIAN MAHASISWA
Isman Nuddin Ritonga
Universitas Islam Negeri Sumatera Utara
Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Social Sciences

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MEKANISME PERLINDUNGAN ANAK MENURUT PERDATA ISLAM Isman Nuddin Ritonga; Faisar Ananda
JURNAL ILMIAH PENELITIAN MAHASISWA Vol 4 No 4 (2026): Agustus
Publisher : Kampus Akademik Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jipm.v4i4.2555

Abstract

Child protection within the framework of Islamic civil law constitutes an integral part of family law aimed at ensuring the fulfillment of children's rights comprehensively, including aspects of custody (hadhanah), financial support, education, and protection from discrimination and violence. This study examines the mechanisms of child protection in Islamic civil law and their relevance within the Indonesian legal context using a normative juridical method supported by recent scholarly literature. The findings indicate that child protection mechanisms are primarily implemented through custody arrangements based on the best interests of the child, the obligation of parents to provide financial support, and the safeguarding of civil rights such as inheritance and identity. In cases of divorce, judicial institutions play a crucial role in supervising and enforcing children's rights, including restricting parental access when it harms the child's well-being. Additionally, issues related to adopted children highlight the need for harmonization between Islamic law and national civil law to ensure legal certainty. However, challenges remain in implementation, including low legal awareness, non-compliance with financial obligations, and weak enforcement of court decisions. Therefore, strengthening regulations, enhancing judicial oversight, and integrating Islamic legal principles with positive law are necessary to ensure effective and just child protection, with the principle of the best interests of the child as the primary foundation.
Persepsi dan Praktik Masyarakat terhadap Zihar dalam Perspektif Fiqh Munakahat: Studi Kasus di Desa Simangambat, Kecamatan Dolok Sigompulon, Kabupaten Padang Lawas Utara Isman Nuddin Ritonga; Heri Firmansyah
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 02 (2026): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i02.8933

Abstract

This study aims to analyze public perceptions of zihar, examine its practice in domestic life, and explain its legal and social implications from the perspective of fiqh munakahat. The study employed a qualitative approach with field research conducted in Simangambat Village, North Padang Lawas Regency. Data were obtained through in-depth interviews with religious leaders, community leaders, village officials, and married couples. Data were analyzed thematically by comparing social practices and normative provisions of Islamic law. The results reveal a clear gap between the norms of fiqh munakahat and social reality, where zihar is perceived as an emotional expression or a joke without legal consequences. This finding indicates a weak internalization of Islamic family law and the potential for injustice in marital relations. This study emphasizes the importance of strengthening contextual and sustainable fiqh munakahat education at the community level.
Co-Authors Faisar Ananda Heri Firmansyah