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 (In Press)
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 (In Press)
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