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All Journal DE JURE Hukum Islam SALAM: Jurnal Sosial dan Budaya Syar-i Pena Justisia: Media Komunikasi dan Kajian Hukum Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-Manahij : Jurnal Kajian Hukum Islam Journal of Islamic Business Law
Fakhruddin Fakhruddin
Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Child Marriage from the Perspective of Hadith in the Hermeneutic Study of Muhammad Syahrur Mawardi; Umi Sumbulah; Fakhruddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5459

Abstract

Early marriage has become a controversial topic in religious and social studies, particularly from the perspective of Islamic law. Hadith provides guidance on marriage, which is often interpreted in diverse ways. This article examines early marriage from the perspective of hadith using Muhammad Shahrur's hermeneutics to understand the relevance of traditional views in a modern context. The study aims to explore Shahrur's interpretative method, which emphasizes contextualizing meaning, and to identify potential implications for Islamic marriage law. The method used is a qualitative approach with content analysis of hadith texts, supported by relevant literature. The findings indicate that Shahrur's hermeneutical method offers a new perspective on understanding hadith related to early marriage, which can strengthen arguments for adjusting the marriage age to align with socio-cultural conditions.
FORMULATING CRITERIA FOR THE CIVIL RELATIONSHIP OF CHILDREN BORN OUT OF WEDLOCK AFTER CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010 FROM THE PERSPECTIVE OF MASLAHAH ACCORDING TO ‘IZZ AL-DĪN IBN ‘ABD AL-SALĀM Mahbub Ainur Rofiq; Mufidah Ch; Fakhruddin Fakhruddin; Musataklima Musataklima
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.15281

Abstract

This article examines the formulation of criteria for the civil relationship of children born out of wedlock after Constitutional Court Decision Number 46/PUU-VIII/2010 from the perspective of legal certainty and the maslahah theory of Izzuddin ibn Abdissalam. The study is grounded in the ambiguity of the phrase “children born outside marriage” and the clause “civil relationship” in the Constitutional Court decision, which has led to diverse interpretations and disparities in judicial decisions. This research is a normative juridical study employing statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, including statutory regulations, Constitutional Court decisions, court decisions, Islamic legal doctrines, and relevant legal literature. The findings show that children born out of wedlock should not be treated as a single legal category. They need to be classified into three categories: children born from religiously valid but unregistered marriages, children born from defective marriages or relationships involving legal doubt, and children born from relationships without any marital bond. Each category produces different legal consequences, ranging from full, proportional, to limited civil relationships. This formulation aims to realize legal certainty, justice, utility, and maslahah while protecting children without undermining the legal order of lineage in Islamic family law.
Co-Authors Abd. Ghoni Ach. Huriyanto Bachri, Syabbul Imam Imam Irwan Abdullah Mahbub Ainur Rofiq Mawardi Mufidah Ch Muhammad Asadurrohman Muhammad Ihsan Hanifa Musataklima Musataklima Nano Romadlon Auliya Akbar Noer Yasin Nur Cahyo Hadi Utomo Saifuddin Zuhri Qudsy Sudirman Sudirman Suwandi Suwandi Umi Sumbulah