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Konvergensi Hukum Islam dan Undang-Undang Perlindungan Anak dalam Perkawinan Anak di Indramayu Fikri, Arif; Burhanuddin, Ahmad; Santoso, Rudi; Ismail, Habib
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.211

The practice of child marriage in Indramayu Regency remains a complex social issue, despite various efforts being made to address it. This study aims to analyze the convergence between Islamic Law and the Child Protection Law in handling child marriage cases in the region, as well as to identify the factors that influence the success or failure of the implementation of both legal systems in protecting children's rights. The method used is qualitative research with a case study approach, where data is obtained through in-depth interviews with relevant informants, field observations, and document and secondary data analysis. The research findings show that although Islamic Law allows child marriage under certain conditions, the Child Protection Law explicitly prohibits it to safeguard children's rights. However, the implementation of both legal systems is often hindered by social, cultural, and economic factors, such as poverty, arranged marriages, and the mental and physical unpreparedness of children for marriage. The synergy between the two in the local context has not been fully optimized, although there have been efforts to strengthen policies from the local government, including the enhancement of education and supervision. Therefore, this study recommends the need to strengthen policies, raise public awareness, and foster synergy between the government, legal institutions, and civil society organizations to prevent child marriage practices and protect children's rights in Indramayu Regency.

Protection and Status of Children Born Outside of Marriage: A Fiqh Perspective Of Indonesia And Brunei Darussalam Khairuddin, Khairuddin; Rini, Etika; Purwaningsih, Titin; Sugianto, Heri; Ismail, Habib; Lubis, Rahmad
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.320

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.

Konvergensi Hukum Islam dan Undang-Undang Perlindungan Anak dalam Perkawinan Anak di Indramayu Fikri, Arif; Burhanuddin, Ahmad; Santoso, Rudi; Ismail, Habib
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.211

The practice of child marriage in Indramayu Regency remains a complex social issue, despite various efforts being made to address it. This study aims to analyze the convergence between Islamic Law and the Child Protection Law in handling child marriage cases in the region, as well as to identify the factors that influence the success or failure of the implementation of both legal systems in protecting children's rights. The method used is qualitative research with a case study approach, where data is obtained through in-depth interviews with relevant informants, field observations, and document and secondary data analysis. The research findings show that although Islamic Law allows child marriage under certain conditions, the Child Protection Law explicitly prohibits it to safeguard children's rights. However, the implementation of both legal systems is often hindered by social, cultural, and economic factors, such as poverty, arranged marriages, and the mental and physical unpreparedness of children for marriage. The synergy between the two in the local context has not been fully optimized, although there have been efforts to strengthen policies from the local government, including the enhancement of education and supervision. Therefore, this study recommends the need to strengthen policies, raise public awareness, and foster synergy between the government, legal institutions, and civil society organizations to prevent child marriage practices and protect children's rights in Indramayu Regency.

Protection and Status of Children Born Outside of Marriage: A Fiqh Perspective Of Indonesia And Brunei Darussalam Khairuddin, Khairuddin; Rini, Etika; Purwaningsih, Titin; Sugianto, Heri; Ismail, Habib; Lubis, Rahmad
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.320

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.

The Iddah Period as an Instrument for Women's Protection: Criticism of Marriage in the Iddah Period (Study of the Director General of Islamic Guidance 2021) Fahrul Hidayat, Muhammad; Ismail, Habib; Iwannudin, Iwannudin
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.417

This study aims to analyze the iddah period as an instrument of women’s protection and to critique the practice of remarriage conducted by a former husband while his ex-wife is still undergoing iddah, from the perspectives of fiqh, maqāṣid al-syarī‘ah, and Indonesian positive law. Essentially, the iddah period is a Sharia provision that functions as a multidimensional protection mechanism for women—safeguarding lineage, dignity, psychological well-being, and social stability after divorce. However, in practice, these protective values have not been fully realized, as cases of remarriage during iddah continue to occur due to limited public understanding and weak administrative supervision in the Office of Religious Affairs (KUA). This research employs a library-based normative approach, analyzing classical fiqh literature, maqāṣid al-syarī‘ah theory, the Compilation of Islamic Law (KHI), the Marriage Law, and the 2021 Circular Letter of the Director General of Islamic Guidance. The findings reveal a normative gap in Indonesian positive law, which does not explicitly prohibit men from remarrying while their former wives are still in iddah. Accordingly, this study recommends legal reform grounded in maqāṣid al-syarī‘ah to strengthen women’s protection through binding and effectively enforced regulations.

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