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All Journal ASAS : Jurnal Hukum Ekonomi Syariah Analisis: Jurnal Studi Keislaman JURNAL MAHKAMAH El-Izdiwaj: Indonesian Journal of Civil and Islamic Family Law Smart: Journal of Sharia, Tradition, and Modernity Kartika: Jurnal Studi Keislaman Research Horizon JPNM : Jurnal Pustaka Nusantara Multidisiplin
Eko Hidayat
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Marriage Dispensation from the Perspective of Child Protection and Family Maslahah Apriyanti; Eko Hidayat; Kartika
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ja15j064

Abstract

This Marriage dispensation constitutes a legal instrument granted by the state as an exception to the statutory minimum age of marriage. In practice, however, its application continues to generate tensions between legal certainty, child protection, and the objective of establishing a family grounded in maslahah. This article aims to analyze marriage dispensation from the perspectives of child protection and family maslahah, positioning the best interest of the child as the primary guiding principle. The study employs a normative juridical method, using statutory and conceptual approaches through an examination of marriage legislation and child protection law. The findings indicate that marriage dispensation is frequently granted on the basis of short-term social and moral considerations, while insufficient attention is paid to the protection of children’s rights, psychological readiness, and the long-term implications for family resilience. From the perspective of maslahah, marriage dispensation should be directed toward preventing greater harm rather than generating new forms of vulnerability for children and families. This article emphasizes the need to strengthen judicial standards of assessment, enhance the involvement of psychologists and social workers, and promote preventive approaches through family and community education. When applied proportionately, marriage dispensation may function as a protective legal instrument rather than merely serving as a mechanism for legitimizing child marriage, thereby aligning with the objectives of child protection and the realization of a maslahah-oriented family.
Formation of a Generation of Moderate Santri through Strengthening the Values ​​of Religious Moderation in Islamic Boarding Schools Qohar, Abd.; Hidayat, Eko; Faizal, Liky; Mukri, Moh.
Analisis: Jurnal Studi Keislaman Vol 25 No 2 (2025): Analisis : Jurnal Studi Keislaman
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ajsk.v25i2.24765

Abstract

Strengthening religious moderation is a strategic issue in Islamic boarding school education amidst the increasing challenges of exclusive and extreme religiosity. Islamic boarding schools play a crucial role in instilling balanced, just, and tolerant Islamic values ​​through distinctive educational traditions. Therefore, fostering moderate religious values ​​as a central focus in religious life is crucial, especially for the younger generation living in a heterogeneous society. This study employed a qualitative approach with a descriptive-analytical approach. The research locations included An-Noor and An-Nahl Islamic Boarding Schools in Bandar Lampung. Data collection was conducted through observation, in-depth interviews, and documentation studies. Data analysis included data reduction, data presentation, and conclusion drawing. The results indicate that strengthening religious moderation effectively occurs through a holistic, integrative, and experience-based pedagogical process. The values ​​of tawassuṭ, tawāzun, tasāmuḥ, and al-‘adl are internalized through dialogic learning, the exemplary behavior of kiai and ustaz, and the daily culture of students. Religious moderation is not positioned as an external ideology, but rather as an actualization of classical Islamic values ​​that have theological legitimacy in the concept of ummatan wasaṭan and the principle of justice in the Qur'an. The integration of cognitive, affective, and practical approaches encourages the transformation of students' character toward a reflective, inclusive, and socially responsible religious attitude.
Pembatalan Pengangkatan Anak Pasca-Baligh dalam Perspektif Maslahah Mursalah dan Hukum Positif: Analisis Putusan Pengadilan Negeri Nganjuk Nomor 31/Pdt.G/2022/PN Njk: Anak angkat Eka Yunita, Eka Yunita Rahmawati; Hidayat, Eko; Novalia, Sisca
Kartika: Jurnal Studi Keislaman Vol. 6 No. 2 (2026): Kartika: Jurnal Studi Keislaman (May)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v6i2.768

Abstract

The annulment of child adoption after the child reaches adulthood raises legal issues at the intersection of legal certainty, child protection, and individual autonomy. This study aims to analyze the legitimacy of such annulment under Indonesian positive law and to assess its conformity with the principle of maslahah mursalah. The analysis focuses on the Decision of the Nganjuk District Court Number 31/Pdt.G/2022/PN Njk. This research employs a normative legal method with statutory, case, and conceptual approaches. The findings indicate that, within the framework of positive law, the annulment of child adoption is legally permissible as long as it is conducted through a valid judicial mechanism and based on the principle of the best interests of the child, particularly after the child attains full legal capacity. However, the decision also reflects a shift from a legal certainty approach toward a welfare-based approach, which may lead to legal uncertainty in the absence of clear parameters. From the perspective of maslahah mursalah, such annulment does not contradict the principle of lineage preservation (ḥifẓ al-nasl) and can be justified insofar as it promotes genuine benefit and prevents harm. This study underscores the need for more comprehensive regulatory frameworks to ensure a balance between legal certainty, public benefit, and the protection of children's rights within Indonesia’s family law system
Sasuduk in the Marriage Customs of Lampung Saibatin According to Islamic Law (Study in Gedung Cahya Kuningan Village, Ngambur District, West Coast Regency) Aryani, Mera; Hidayat, Eko; Al Arif, M. Yasin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7427

Abstract

The tradition of sasuduk or hiyokh sumbai is a practice of providing assistance in Lampung Saibatin traditional marriage which is still preserved in Gedung Cahya Kuningan Village, Ngambur District, West Coast Regency. This research aims to analyze the process of implementing the sasuduk tradition and examine the view of Islamic law on this practice. The research uses a descriptive qualitative method with a field research approach through observation, interviews, and documentation. The research informants included traditional leaders, religious leaders, community leaders, and people who carried out the sasuduk tradition. The results of the study show that sasuduk is carried out through the provision of staple foodstuffs, cash, or livestock which are recorded in detail by special officers with a reciprocal return system. This tradition has become a social necessity with sanctions in the form of gossip from the community and not receiving assistance when holding their own celebrations. From the perspective of Islamic law, the essence of sasuduk as a form of helping in goodness is in accordance with Islamic teachings. However, the system of recording and obligation to repay that resembles debts and harsh social sanctions is contrary to the principles of sincerity and voluntariness in giving ingive taught by Islam. The tradition of sasuduk needs to be returned to the essence of sincere and voluntary gotong royong in order to be in line with Islamic values
Co-Authors Apriyanti Aryani, Mera Eka Yunita, Eka Yunita Rahmawati Iskandar Syukur Kartika Liky Faizal M. Yasin Al Arif Miswanto Moh. Mukri Mu'in, Fathul Mukhlisin, Ahmad Mukhlisin, Ahmad Pradana Putra, Agus Iskandar Qohar, Abd. Sisca Novalia SITI MAHMUDAH Sudistina, Sillah Wardoyo, Tri