Nasywa Nabilah Nugroho
UIN Sumatera Utara

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INTERGRATION OF THE MINIMUM AGE LIMIT FOR MARRIAGE IN A CHILD PROTECTION PERSPECTIVE IN INDONESIA Nasywa Nabilah Nugroho; Ramadhan Syahmedi; Fatimah Fatimah
Journal Analytica Islamica Vol 15, No 3 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i3.29729

Abstract

This study examines the regulation of the minimum marriage age in Indonesia from the perspectives of child protection and Islamic law. The issue is grounded in the persistence of child marriage despite the enactment of Law Number 16 of 2019, which equalizes the minimum marriage age for men and women at 19 years as a follow-up to Constitutional Court Decision Number 22/PUU-XV/2017. This research employs a normative juridical method using statutory, conceptual, and Islamic law approaches. The findings show that the minimum marriage age regulation is normatively aligned with the principles of child protection, gender equality, and maqashid sharia, particularly through the concepts of baligh, rusyd, and maslahah. However, its implementation remains ineffective due to the frequent use of marriage dispensation, strong cultural and economic pressures, and low public legal awareness. The novelty of this study lies in its integrative analysis of state law and Islamic legal principles in assessing the effectiveness of minimum marriage age regulation as an instrument for preventing child marriage. This study emphasizes the need for stricter judicial supervision, stronger legal literacy, and community-based prevention strategies to ensure comprehensive child protection.
THE POSITION OF CHILD PROTECTION FROM THE PERSPECTIVE OF ISLAMIC LAW AND ITS PRACTICE IN MUSLIM FAMILIES Nasywa Nabilah Nugroho; Faisar Ananda
Journal Analytica Islamica Vol 15, No 3 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i3.29730

Abstract

This study examines child protection from the perspective of Islamic law by focusing on the position of children as a trust (amanah), the legal foundations of child protection, and the practice of child protection within Muslim families. The study is motivated by the continuing occurrence of child rights violations such as neglect, violence, custody disputes, and the failure to provide post-divorce child support, which indicate that child protection in Muslim family life has not been fully implemented. This research employs normative legal research using conceptual, library, and Islamic juridical approaches. Data were collected from the Qur’an, Hadith, classical Islamic legal texts, scholarly journals, and contemporary Islamic legal literature, which were analyzed using descriptive qualitative methods. The findings reveal that Islamic law positions children as a trust that must be protected through the fulfillment of their rights to life, education, care, financial support, and protection from violence and neglect. Child protection in Islam is fundamentally based on the principles of maqāṣid al-syarī‘ah, particularly hifẓ al-nafs and hifẓ al-nasl, which aim to preserve human life and lineage. The practice of child protection in Muslim families is implemented through hadhanah (custody), financial support, moral and educational development, and post-divorce child protection by prioritizing the best interests of the child. However, its implementation still faces various obstacles, including low legal awareness, family conflicts, weak enforcement of court decisions, and social changes in modern society. Therefore, strengthening the understanding of Islamic law and enhancing the responsibility of families and the social environment are necessary to achieve optimal child protection in Muslim families
THE CONTROVERSY OF MILK BANKS: PERSPECTIVES OF YUSUF AL-QARADAWI AND WAHBAH AZ-ZUHAILI Nasywa Nabilah Nugroho; Muhammad Iqbal Irham; Mhd. Syahnan
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.27269

Abstract

This study analyzes the legal status of Breast Milk Banking (ASI) from an Islamic perspective by highlighting the differences in legal approaches between Wahbah az-Zuhaili and Yusuf al-Qaradawi, a theme that still leaves a research gap regarding the limits of radha'ah and the implications of lineage in a modern context. This study uses a library research method with a descriptive-analytical approach through a review of classical and contemporary works, fatwas of scholars, and relevant modern fiqh literature. Data are analyzed through source triangulation and an assessment of the consistency of legal arguments to identify the patterns of ijtihad of the two scholars on the issue of non-direct breastfeeding. The results show that Wahbah az-Zuhaili rejects the practice of Breast Milk Banking due to the potential for mixing lineages and the unclear mahram relationship, considering any form of breast milk entering the baby's body, whether directly or through media, as breastfeeding that has legal consequences. In contrast, Yusuf al-Qaradawi argues that Breast Milk Banking is permissible based on the principle of benefit, because breastfeeding that is not done through direct sucking does not create a mahram relationship. This comparison demonstrates differences in ijtihad methodology: Zuhaili's approach to protecting lineage stems from a precautionary approach, while al-Qaradawi emphasizes the flexibility of Islamic law in addressing contemporary social needs. This study confirms that the legal debate regarding breast milk banking is not only related to technical fiqh issues, but also concerns the methodology of legal istinbath in addressing new phenomena. These findings contribute to the development of contemporary fiqh studies and provide a basis for formulating policies that consider aspects of benefit, infant safety, and clarity of lineage.
A REVIEW OF QUR’ANIC VERSES ON MAHR IN ISLAMIC FAMILY LAW Nasywa Nabilah Nugroho; Sukiati Sukiati; Fatimah Fatimah
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28521

Abstract

This study examines the concept of mahr in Islamic marriage by analyzing Qur’anic verses that affirm mahr as a fundamental right of women and a binding obligation upon men. Rather than viewing mahr solely as a normative legal requirement, this research highlights its function as an instrument of protection, welfare, and honor for women. Using a literature-based approach, the study explores key Qur’anic passages such as QS al-Nisā’ 4, QS al-Baqarah 237, and QS al-Nisā’ 24, supplemented with classical tafsīr and contemporary fiqh scholarship. The findings indicate that the Qur’an emphasizes that mahr must be given sincerely and through mutual agreement, reflecting core principles of justice, consent, and marital commitment. Beyond its material form, mahr carries symbolic and spiritual value, serving as a tangible expression of goodwill and respect. It also functions as a financial safeguard, particularly in cases of divorce. This research concludes that the Qur’anic framework of mahr remains highly relevant in addressing modern social, economic, and cultural challenges surrounding marriage practices, and provides a normative foundation for implementing mahr that is equitable, proportional, and conducive to the well-being of contemporary Muslim families.
THE DYNAMICS OF FATHERS' ROLES IN MODERN FAMILIES: A FAMILY LAW AND FAMILY PSYCHOLOGY PERSPECTIVE Nasywa Nabilah Nugroho; Irwansyah Irwansyah; Dhiauddin Tanjung
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.27971

Abstract

This study examines the integration of the father's role in modern families from both legal and psychological perspectives. In the evolving dynamics of contemporary society, the father's role is no longer limited to being the breadwinner but also extends to that of an educator, moral guide, and emotional stabilizer within the family. Using a descriptive-analytical method with a literature-based approach, this research explores how paternal involvement influences character formation, emotional stability, and the social development of children. The findings indicate that, legally, fathers share equal responsibility with mothers in parenting, as stipulated in the Marriage Law and the Child Protection Law. Psychologically, an active and communicative father plays a crucial role in fostering a sense of security, self-confidence, and emotional resilience in children. The integration of these two dimensions highlights that a father's presence holds strategic importance for family balance and the development of morally grounded future generations. Therefore, strengthening the father's role through family policies and parenting education that emphasize cooperation between both parents is essential to building a harmonious and empowered family.