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All Journal Jurnal Teknologi Informasi dan Multimedia Jurnal Ilmiah Pendidikan Citra Bakti Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam ELFALAKY: Jurnal Ilmu Falak MAQASIDI Al-Afaq: Jurnal Ilmu Falak dan Astronomi Kalosara: Family Law Review Jurnal Ilmiah Pendidikan Citra Bakti
Arino Bemi Sado
Fakultas Syariah dan Ekonomi Islam IAIN Mataram
Religion Humanities Astronomy Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Kalosara: Family Law Review

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Social Control and Legal Reform: A Study of Minimum Marriage Age From the Perspective of Islamic Law and Plural Legal Systems khaliq, Munawwir; Muhasim, Ahmad; Sado, Arino Bemi; Azman Ab Rahman
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11649

Abstract

Although numerous studies have examined the practice of child marriage in Indonesia, few have analyzed this phenomenon from the perspective of legal pluralism, which encompasses state law, customary law, and religious law. This study aims to analyze child marriage within the context of legal pluralism in Indonesia, focusing on the coexistence of state, customary, and religious norms regulating marriage and their influence on child protection policies. The study employs a qualitative approach with a literature review design and thematic analysis to achieve this objective, integrating the theories of maslahah mursalah, social control, and legal pluralism. Through this analysis, the study explores how legal regulations governing the minimum age of marriage often conflict with prevailing social and religious norms, and how practices such as unregistered marriage (nikah sirri) and marriage dispensations continue despite formal regulations. The findings suggest that, although legal frameworks exist, their implementation is still constrained by strong social and cultural norms. Therefore, a holistic policy approach is required, involving social education and community empowerment to reshape perceptions of child marriage and strengthen law enforcement. This study contributes to the understanding of legal pluralism in child marriage and provides recommendations for more effective and contextually appropriate child protection policies. Keywords: Islamic Law, Minimum Marriage Age, Plural Legal System
Navigating Divorce in the Global South: Comparative Insights into Legal Procedures and Gender Implications in Muslim-Majority Countries Wadi, Lalu Tambeh; Muhasim, Ahmad; Sado, Arino Bemi; Muhammad Haydar Al Kautsar
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11721

Abstract

Although research on divorce has been extensively documented, studies focusing on the Global South remain limited. To address this research gap, this study aims to analyze a comparative overview of divorce regulations in Indonesia, Malaysia, Pakistan, Egypt, Morocco, Tunisia, and Turkey, highlighting implementation procedures and their impacts. This study employs a content analysis design of the divorce regulations applicable in the seven countries. The method used is normative research with a comparative approach. The study is grounded in Islamic family law theory as the analytical framework. The findings indicate that in Indonesia and Malaysia, divorce is processed through religious courts, with child custody and alimony rights ensured, although property division remains conservative. Pakistan permits unilateral talaq, but legal procedures for women are complex to access, and social stigma is high. Egypt, Morocco, and Tunisia grant broader rights to women, with fair property division and protection of child custody rights. Turkey combines Islamic and secular law with equitable procedures. Similarities lie in child custody and alimony rights, while differences exist in women’s access, property division, and socio-cultural impacts. Challenges include unequal rights, social stigma, and complex legal procedures. Opportunities for legal reform involve expanding women’s rights and fair property distribution. The study’s implications emphasize the need for reforms in Islamic family law to enhance gender equality and protect women’s rights. Keywords: Divorce, Comparative Law, Global South
Co-Authors Adawiyah, Siti Rabi'atul Ahmad Muhasim Andini, Baiq Anggi Azman Ab Rahman Gazalba, Muhammad Zafanka khaliq, Munawwir Muhammad Awaludin Muhammad Haikal Rivaldi Muhammad Haydar Al Kautsar Muhasim Rezky, Nadia Ruchmana, Riza Sofyan, Muhammad Saleh Sona, Wahyu Abdul Muttakin Syuhada, Nurnadiyah Taufikurrahman, Arief Wadi, Lalu Tambeh