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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Indonesian Journal of Islamic Law (IJIL)
Lukman Santoso
UIN Kiai Ageng Muhammad Besari Ponorogo, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Breaking Through Customary Domination for Child Protection: An Analysis of the Gerakan Anti-Merarik Kodeq (GAMAK) from the Perspective of Maqasid al-Shariah Nunung Susfita; Darmini Darmini; Lukman Santoso
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12286

Abstract

Underage marriage remains a serious challenge in many countries, including Indonesia, where it is complicated by the intersection of legal regulations and customary norms. In Lingsar District, this practice persists through the Merarik kodeq tradition, which is deeply embedded in local culture. Within this context, this study aims to explain the implementation of the Gerakan Anti-Merarik Kodeq (GAMAK) as a community-based prevention strategy and to analyze it through the framework of Maqasid al-Shariah. This qualitative research employed a fieldwork-based approach using methods such as observation, in-depth interviews with 14 key informants, and document analysis conducted over a seven-month period from March to September 2022. The findings reveal that GAMAK is not merely a technocratic policy but has evolved into a transformative social movement that redefines the relationship between custom, religion, and the state. Unlike legal-formal approaches, GAMAK successfully presents an alternative narrative that positions religious and customary leaders not as opponents of the law, but as agents of change who reform local values from within. By embedding anti-underage marriage messages in Friday sermons, women's forums (PKK), and even in village awiq-awiq (customary regulations), GAMAK demonstrates that collective behavioral change can be achieved through grounded and contextual approaches. Viewed through the lens of Maqasid al-Shariah, GAMAK upholds the protection of the five essential principles of Islamic law—religion, life, intellect, lineage, and property—while opening space for negotiation between customary norms and Islamic law in favor of public welfare. The findings show that preventing underage marriage requires transforming entrenched customary norms through collaboration between community leaders, religious authorities, and state institutions. This study contributes to the discourse on legal pluralism and Maqasid al-Shariah in child protection, while offering a practical model for policymakers to replicate in regions with strong customary traditions.
Islamising Policy or Decolonising Law? Constitutional Negotiation in Indonesia's Local Sharia Regulations Lukman Santoso; Mega Puspita; Arifah Millati Agustina
Indonesian Journal of Islamic Law Vol. 9 No. 2 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/5hx5vp54

Abstract

In post-Reform Indonesia, decentralisation has generated numerous Sharia-inspired local regulations, many of which were initially associated with symbolic, moralistic, and punitive forms of legal formalisation. This article examines a subsequent shift toward more substantive forms of local Islamic legal governance. Using a normative legal method informed by a socio-legal perspective, it analyses halal tourism regulations in West Nusa Tenggara and West Sumatra and child-marriage prevention policies in Gresik and Ponorogo. The concept of ‘beyond formalisation’ is used here to describe a reinterpretation of Islamic legal values through legal pluralism, responsive law, and maqāṣid al-sharī‘ah within local public policy. The analysis shows that these regulations cannot be understood uniformly. Some continue to reproduce coercive or majoritarian tendencies, while others translate Islamic legal principles into instruments of economic development, social protection, and the safeguarding of vulnerable groups. The article argues that such policies are best understood as sites of constitutional negotiation in which local governments and social actors reinterpret Islamic legal norms within Indonesia’s plural legal order. From a postcolonial perspective, this shift illustrates an effort to move beyond the rigid positivisation of fiqh toward contextual forms of legal reasoning that connect Islamic legal values with constitutional rights, public welfare, and local social needs.
Co-Authors Arifah Millati Agustina Darmini Darmini Mega Puspita Nunung Susfita