Claim Missing Document
Check
Articles

Found 3 Documents
Search

The Triad of State, Law, and Religious Failure in Protecting Children's Rights After Divorce: An Empirical Legal Study in Urban Communities in Pekanbaru Nurafifa, Tiara; Hafis, Muhammad; Nelli, Jumni; Syafitri, Juliani; Aripin, Musa
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17455

Abstract

Based on data from the Central Statistics Agency in 2023, one in three children no longer receive their basic rights after their parents' divorce. In Delima District, Pekanbaru—which has the highest divorce rate in Riau Province at 18.5%—72% of mothers reported difficulty in financing their children's education, while 45% of children experienced emotional disturbances. Therefore, this article aims to examine the reality of children's rights after divorce in the urban area of Pekanbaru, focusing on the following questions: Why are children's rights (especially alimony and education) in urban areas such as Pekanbaru often neglected after divorce? What systemic failures hinder this? And what is the social reality when it comes to fulfilling children's rights? Using a qualitative-phenomenological approach through descriptive case studies, this research involved six main informants, plus two religious affairs officials and two religious leaders who were selected purposively. Data were collected through in-depth interviews and analyzed using thematic analysis techniques. The results show that the neglect of children's rights after divorce in Pekanbaru (especially in the Delima subdistrict) is caused by a triadic failure: the state (absence of a safety net for children who are victims of divorce), the law (inconsistency in alimony regulations, weak enforcement of court decisions, high litigation costs), and religious institutions (failure to encourage fathers to fulfill their responsibilities in accordance with Islamic mandates). This failure also reflects the weak enforcement of Islamic family law principles, particularly in the implementation of hadhanah and nafkah obligations as stipulated in the KHI and the Marriage Law, which have not been able to guarantee comprehensive protection for children. This is compounded by the persistent patriarchal culture that makes ex-wives reluctant to fight for their children's rights. These findings call for policy reform based on an integrated child rights framework that bridges formal law, religious values, and community mechanisms, as well as the deconstruction of patriarchal culture in the enforcement of children's rights.
Giving Tuor At Mandailing Tribe Marriages Compilation Perspective Of Islamic Law In Mandailing Natal Aripin, Musa; Pagar, Pagar; Marpaung, Watni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3889

Abstract

The issue of tuor (the amount of money given by the groom to the bride upon the agreement of both families) in the Mandailing tribe is interesting to be studied. This is quite reasonable because the problem of tuor, on the one hand can actually make a number of marriage plans forced to be canceled. At the same time the majority of the Mandailing tribe are devout adherents of Islam. While Islam itself has the same concept as the tuor, namely dowry. Testing tuor at the application level is something that must be done to measure the extent of the phenomenon. On the other hand, measuring tuor conceptually is also needed to provide a complete view. The results showed that the tuor and dowry in the KHI have the same substance, namely the obligatory gift from the prospective husband to the prospective wife. However, the provision of tuor has advantages, namely the philosophy used in determining tuor. Holong (compassion) and Saanak Saboru (feeling that the groom’s family has considered that the bride is their daughter and vice versa). Thus it can be stated that the determination of the amount of tuor will not burden the bridegroom, because the groom in giving tuor is motivated by affection, and at the same time the parents of the bride-to-be will also not ask for something that can burden the bridegroom
The Triad of State, Law, and Religious Failure in Protecting Children's Rights After Divorce: An Empirical Legal Study in Urban Communities in Pekanbaru Nurafifa, Tiara; Hafis, Muhammad; Nelli, Jumni; Syafitri, Juliani; Aripin, Musa
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17455

Abstract

Based on data from the Central Statistics Agency in 2023, one in three children no longer receive their basic rights after their parents' divorce. In Delima District, Pekanbaru—which has the highest divorce rate in Riau Province at 18.5%—72% of mothers reported difficulty in financing their children's education, while 45% of children experienced emotional disturbances. Therefore, this article aims to examine the reality of children's rights after divorce in the urban area of Pekanbaru, focusing on the following questions: Why are children's rights (especially alimony and education) in urban areas such as Pekanbaru often neglected after divorce? What systemic failures hinder this? And what is the social reality when it comes to fulfilling children's rights? Using a qualitative-phenomenological approach through descriptive case studies, this research involved six main informants, plus two religious affairs officials and two religious leaders who were selected purposively. Data were collected through in-depth interviews and analyzed using thematic analysis techniques. The results show that the neglect of children's rights after divorce in Pekanbaru (especially in the Delima subdistrict) is caused by a triadic failure: the state (absence of a safety net for children who are victims of divorce), the law (inconsistency in alimony regulations, weak enforcement of court decisions, high litigation costs), and religious institutions (failure to encourage fathers to fulfill their responsibilities in accordance with Islamic mandates). This failure also reflects the weak enforcement of Islamic family law principles, particularly in the implementation of hadhanah and nafkah obligations as stipulated in the KHI and the Marriage Law, which have not been able to guarantee comprehensive protection for children. This is compounded by the persistent patriarchal culture that makes ex-wives reluctant to fight for their children's rights. These findings call for policy reform based on an integrated child rights framework that bridges formal law, religious values, and community mechanisms, as well as the deconstruction of patriarchal culture in the enforcement of children's rights.