Toha Andiko
UIN Fatmawati Sukrno Bengkulu, Indonesia

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Protecting Children’s and Women’s Rights: An Analysis of Islamic Family Law on Child Marriage in Indonesia Ricky Ramadona Saputra; Toha Andiko
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 2 (2026): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v5i2.156

Abstract

Child marriage in Indonesia persists despite the enactment of Law No. 16 of 2019, which raised the minimum marriage age to 19, partly because the dispensation mechanism allows exceptions to the statutory minimum. This study examines the protection of children’s and women’s rights in the context of child marriage through the lens of Islamic family law. It analyzes the relationship between legal norms and judicial practice, evaluates the consequences of child marriage through the framework of Maqasid al-Shari‘ah, and identifies measures to strengthen legal protection. The study employs normative legal research using descriptive-analytical methods, based on library research and statutory, conceptual, comparative, and case approaches. Legal materials are analyzed qualitatively through systematic classification, interpretation, and deductive reasoning. The findings indicate that declining child marriage rates do not necessarily translate into substantive rights protection. Inconsistencies between the Compilation of Islamic Law and child protection legislation, together with the insufficiently precise definition of compelling reasons for granting marriage dispensations, create regulatory gaps that may undermine children’s rights. Socio-cultural expectations, economic hardship, limited educational opportunities, and family pressures further reinforce vulnerability, threatening the protection of life, intellect, and lineage under Maqasid al-Shari‘ah. This study argues that effective protection requires harmonized legislation, stricter and child-centered judicial scrutiny of dispensation requests, enhanced public education, and sustained support for children already in marriage. It contributes to Islamic family law scholarship by connecting regulatory inconsistencies and dispensation practices with the substantive realization of children’s and women’s rights.