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CHILD PROTECTION IN THE FATWA OF MUHAMMADIYAH COUNCIL FOR RELIGIOUS OPINION AND TAJDID IN 2024 AND LAW NO. 35 OF 2014 Efendy, Imam Nur; Ikhwanuddin, Mohammad; Al Farisi, Salman; Stiawan, Thoat; Berkah, Dian
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.978

Abstract

This study analyzes the protection of children's rights from a comparative perspective between the Fatwa of the Muhammadiyah Tarjih and Tajdid Council Number 54/KEP/I.0/B/2024 concerning Child Protection Jurisprudence (Fiqh) and the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection. The research problem focuses on the similarities and differences in the legal substance between the aforementioned Fatwa and the Child Protection Law in terms of guaranteeing children's rights. Both legal sources share four main similarities: the right to life and development, the right to education, the right to custody (hadanah), and the right to express an opinion. However, there are three main differences: (1) the legal sources used, where the Fatwa is derived from Islamic teachings, while the law is based on state law; (2) the Fatwa does not directly address the rights of children with disabilities, although attention to this issue is contained in a separate Fiqh for Disabilities; and (3) (Assumption: Insert the third explicit difference if available in the original text, or focus on implications). This research used a qualitative method with a juridical-normative approach, analyzing relevant documents and literature. The results indicate that significant issues remain to require attention, such as the lack of clear regulations for child protection in the digital age, the continued occurrence of child marriage despite its prohibition, and the limited space for children to express their opinions due to authoritarian family cultures. This research recommends the importance of incorporating religious values into state policy and the need for further study on the protection of children with disabilities and children in the digital world from an Islamic perspective.
The Best Partner for the Family Review of Takhrīj al-Ḥadīṡ “Khiyārukum Khiyārukum Linisāihim” in the Book of Sunan Al-Tirmiżī In, Nur Mazaya Hurin; Ikhwanuddin, Mohammad; Al Farisi, Salman; Stiawan, Thoat; Panjalu, Gàndhung Fajar
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 20, No. 1 : Al Qalam (In Progress January 2026)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v20i1.5884

Abstract

In the Islamic context, the quality of the relationship between husband and wife is greatly influenced by the husband's character, which is measured based on the hadith "Khiyārukum Khiyārukum Linisāihim," narrated in the Sunan al-Tirmidhi. This study aims to analyze the normative meaning of this hadith, particularly in relation to the husband's character within the family. The research methodology employed is qualitative, using a library research approach and the Takhrīj al-Ḥadīṡ technique to verify the sanad and matn of the hadith, along with a syarah analysis to understand the relevance of the hadith's content to the husband's character in building a sakinah family. The findings of this study indicate that the quality of a husband's faith is reflected in his treatment of his wife, which includes love, justice, responsibility, and gentleness. This discovery contributes to understanding the importance of the husband's character in creating marital harmony and reducing the potential for divorce. In conclusion, this research affirms that this hadith is not only theologically relevant but also practical in establishing a sakinah, mawaddah, and rahmah Islamic family. Future research is expected to further explore the application of the values in this hadith within the context of modern social realities.
CONTEXTUAL THEMATIC INTERPRETATION OF CHILD MARRIAGE IN THE QUR’AN: RECONSTRUCTING MATURITY AND SOCIAL ETHICS IN INDONESIA Stiawan, Thoat; Nurcahaya, Nurcahaya; Mochammad Sahid, Mualimin; Ikhwanuddin, Mohammad; Dewi, Erna
MUSHAF: Jurnal Tafsir Berwawasan Keindonesiaan Vol 6, No 1 (2025): Contemporary Issues in Qur'anic Interpretation: Bridging Tradition and Modernity
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/mushaf.v6i1.11928

Abstract

Child marriage remains a persistent social problem in Indonesia, despite significant legal reforms, notably the enactment of Law No. 16 of 2019 which raised the minimum legal age of marriage to nineteen years. However, empirical realities indicate that the practice continues to be widespread, largely reinforced by literalist religious interpretations that neglect the ethical spirit and broader objectives of Islamic jurisprudence. In response to this challenge, this study aims to critically re-examine Qur’anic verses that are frequently invoked to justify the marriage of minors through a contextual thematic interpretation (tafsīr mawd}ū’ī). This research employs a qualitative methodological framework by systematically identifying and thematically categorizing Qur’anic verses related to marriage, maturity (bulūgh), and intellectual discernment (rusyd), and parental responsibility. These verses are analyzed within their socio-historical context of revelation (asbāb al-nuzūl), followed by a contextual reinterpretation that engages contemporary legal norms and social realities in Indonesia. The findings demonstrate that although the Qur’an does not stipulate a specific chronological age for marriage, it consistently emphasizes comprehensive maturity, including physical, psychological, emotional, and financial readiness as a fundamental prerequisite. Furthermore, child marriage in the Indonesian context is shown to produce significant harm, particularly in relation to educational attainment, reproductive health, and long-term socio-economic justice. Such consequences contradict the ethical objectives of Islamic law (Maqās}id al-Sharī’ah), especially the protection of life, intellect, lineage, and human dignity. Accordingly, this study argues that a contextual thematic interpretation of the Qur’an provides a robust ethical and normative foundation to challenge literalist readings that legitimize child marriage. It further contributes to strengthening religiously grounded support for child protection policies and fostering a more humanistic and socially responsive Islamic discourse in contemporary Indonesia.