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All Journal Al-Mizan (e-Journal) Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Wahyu Abdul Jafar
Universitas Islam Negeri Jurai Siwo Lampung, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Isbat Nikah Terhadap Pemulihan Status Sosial Pada Praktik Pernikahan Anak Tidak Tercatat di Desa Banjarsari Della Marchellina S.; Wahyu Abdul Jafar; Nency Dela Oktora; Seja Riyandani
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v22i1.7576

Abstract

Child marriage remains a persistent issue in Indonesia despite the enactment of Law Number 16 of 2019, which sets the minimum marriage age at 19 years. Previous studies have predominantly focused on the legal status of unregistered marriage and child protection issues, while limited attention has been given to the role of isbat nikah in restoring the social status of families involved in underage unregistered marriages. This study aims to analyze the implications of isbat nikah on social reintegration within rural communities, particularly in Banjarsari Village. This research employs a qualitative case study approach, using interviews, observations, and documentation with families who obtained marriage ratification (isbat nikah) decisions and with village officials. The findings reveal that isbat nikah functions not only as a legal mechanism for administrative recognition but also as an instrument of social reintegration. Legal recognition through court decisions reduces social stigma, strengthens community acceptance, and improves access to civil administration and public services. The study highlights the novelty of viewing isbat nikah not merely as a formal legal procedure but as a socio-legal instrument that restores both legal and social status for families affected by child marriage practices.
Piil Pesenggiri; Local Living Law between Enforcing and Diminishing Fiqh Munakahah Wahyu Abdul Jafar; Abdel Salam Atwa Ali Al Fandi; Muntaser Ahmad Alqudah; Fauzan; Ahmad Alsharu
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 21 No. 1 (2026): in Progress
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v21i1.23823

Abstract

This study aims to analyze how a local living law intervenes with fiqh munākahah while turning it into living practice either in enforcing or diminishing the ideal concept of the latter. Piil Pesenggiri, a form of local wisdom within Lampung community does shape and construct how local Muslim practice their religion in term of wedding and marriage. However, its position aligning with fiqh munākahah in solving the daily family problem of local Muslim was not clear enough. This study employs a socio-legal approach using qualitative methods. Data were collected through fieldwork, in-depth interviews with purposively selected informants, customary leaders, religious figures, and married couples across Central Lampung, South Lampung, and Pringsewu. The data were analyzed using living law framework, specifically how Piil Pesenggiri as a normative ‘inner order’ negotiates with formal fiqh doctrines which reconstruct the daily practice of Islamic family law in. The findings reveal that Piil Pesenggiri does either enforce or diminish Islamic law as Muslim guidance in organizing wedding and living a married life. This negotiation is really obvious in how Lampung people practice Islamic law in their family, ranging from the concept of qiwamah or family division of labor, family conflict resolution, to a series of wedding provision.
Co-Authors Abdel Salam Atwa Ali Al Fandi Ahmad Alsharu Della Marchellina S. Fauzan Muntaser Ahmad Alqudah Nency Dela Oktora Seja Riyandani