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Saleh Ridwan, Saleh
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Maqāṣid, Maṣlaḥa, and Legal Pluralism: Islamic Law’s Governance of Adolescent Marriage After Premarital Pregnancy Bakence, Lutfi; Sultan, Lomba; HL, Rahmatiah; Ridwan, Saleh
Journal of Modern Islamic Studies and Civilization Том 3 № 03 (2025): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v3i03.1922

Abstract

Premarital pregnancy continues to drive adolescent marriage in Indonesia where religious, customary, and state norms intersect. This study examines how marriages following premarital pregnancy are governed in North Halmahera and identifies the conditions under which negotiated compromises protect or harm young families. Using a qualitative case study, we conducted in-depth interviews with clerics, customary leaders, officials, adolescents, and parents, observed community proceedings, and analyzed local documents; thematic and cross-case analysis with triangulation and reflexivity ensured credibility and ethical safeguards. Cases cluster among adolescents aged fifteen to nineteen with incomplete schooling and financial strain, and decision windows compress rapidly once pregnancy becomes known. Proximal and structural drivers include gaps in sexuality education, limited parent–child communication, peer and media influence, low practical religious literacy, and poverty. Three honor-restoring mechanisms recur: swift marriage, customary acknowledgment through penebusan, and judicial dispensation. Outcomes diverge: when safeguards for consent, psychosocial readiness, maternal and child health, continued education, and civil documentation are embedded, reintegration improves; when compromises focus on ritual display alone, risks accumulate and legal identity gaps persist. The analysis refines legal pluralism in practice by showing how maqasid- and maslaha-oriented reasoning legitimates harm-reduction pathways and explains subdistrict variation by leader networks and administrative capacity. The study offers a micro-process model and recommends locally coherent sexuality education, culturally anchored premarital counseling, integrated referral systems, clear documentation routes, and measured use of dispensation.
MARRIAGE AS A RESPONSE TO PREMARITAL PREGNANCY: SOCIO-CULTURAL CONFINEMENT, LEGAL PLURALISM, AND RELIGIOUS PRAGMATISM IN NORTH HALMAHERA Bakence, Lutfi; Sultan, Lomba; DL, Rahmatiah; Ridwan, Saleh
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 4 (2025): Vol. 2 No. 4 Edisi Oktober 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i4.1279

Abstract

Marriage involving pregnant women outside wedlock remains a critical socio-cultural and legal phenomenon in Indonesia, particularly in North Halmahera where family honor, religious authority, and customary law strongly influence communal life. This study aimed to explore how such marriages are understood, legitimized, and practiced by families, community leaders, and legal institutions. Using a qualitative case study approach, data were collected through in-depth interviews with religious leaders, adat leaders, government officials, parents, and young women, complemented by participant observation and document analysis, and analyzed with an interactive model of reduction, display, and conclusion drawing. The findings reveal that marriage is primarily arranged to safeguard family honor, with communities regarding it as the only socially acceptable corrective measure, while religious leaders across traditions adopt pragmatic interpretations, invoking public interest or redemption to justify the practice, and customary rituals together with state dispensations further reinforce its legitimacy. Although marriage resolves immediate stigma and reintegrates families socially, it simultaneously generates long-term vulnerabilities, including interrupted education, economic dependence, marital instability, psychological stress, and increased maternal and neonatal health risks. This study contributes to the sociology of law and religion by demonstrating how socio-cultural confinement, Islamic legal pluralism, and adat practices converge in eastern Indonesia, while underscoring the urgent need for holistic interventions that integrate sexuality education, family communication, religious engagement, and legal reform to protect women and children more effectively.
Co-Authors A.A. Ketut Agung Cahyawan W Abdul Halim Talli Annisa, Thahirah Ardiansyah, Bimas Azzochrah, Nurul Azizah Bakence, Lutfi Bakri, Muammar DL, Rahmatiah Harjana, Dwi HL, Rahmatia HL, Rahmatiah Karunia, Khaerunnisa Lomba Sultan Lutfi, Muhtar M, Misbahuddin Nurjannah N, Nurjannah Patawari, Andi Yusri Qorina, Ulfa Rahmawati, St. Risnah Wahdaniah