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The Impact of Divorce Due to Forced Marriage in Campalagian District, Polewali Mandar Regency Basri; Hannani; Agus Muchsin; Fikri; Rusdaya Basri
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 5 No. 4: October 2023 - International Journal of Health, Economics, and Social Sciences (IJHESS
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v5i4.3883

Abstract

This research analyzes forced marriage's impact in the Campalagian District. Marriage is not just an inner and outer meeting of a man and a woman but is intended to achieve happiness, tranquility, and peace of mind. All humans want a lasting marriage. The method used in this research is empirical normative legal research, the research object of which includes both normative and practical aspects. Normative in this research has positive legal norms and Islamic legal norms. Furthermore, normative legal analysis or Islamic legal norms can be legal norms and legal behavior, and Islamic legal research can be divided into two, namely normative and sociological or empirical. The research results show that: 1) forced marriage in Campalagian District still occurs frequently. From 2019 to 2019, there were 14 cases. 2) The impact of forced marriages in Campalagian District is that they end in divorce and impact family conflict and infidelity.
Islamic Boarding School Strategies for Preventing Underage Marriage: A Study at Nurul Azhar Talawe Islamic Boarding School Hasdar B Haryanto; Agus Muchsin; M. Ali Rusdi; Rusdaya Basri; Zainal Said
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2481

Abstract

Underage marriage remains a persistent social issue in Indonesia despite the enactment of Law Number 16 of 2019, which raised the minimum legal age of marriage for both men and women to nineteen years. Although legal reform provides stronger protection for children, its effectiveness largely depends on the active participation of educational institutions, particularly Islamic boarding schools (pesantren), in promoting awareness and preventive education. This study aims to analyze the strategies implemented by Nurul Azhar Talawe Islamic Boarding School, Sidenreng Rappang Regency, in preventing underage marriage following the legal reform of marriage age. This study employed a qualitative field research design. Data were collected through in-depth interviews, participant observation, and document analysis involving boarding school leaders, teachers, students, parents, and community leaders selected purposively according to their involvement in educational and marriage-related issues. Data were analyzed using the interactive model of data reduction, data display, and conclusion drawing, while source and method triangulation were employed to ensure credibility and trustworthiness. The findings reveal that the Islamic boarding school implements an integrated prevention strategy consisting of Islamic family education (fiqh munakahat), dissemination of marriage law reform, character education, counseling services, parental engagement, and collaboration with religious and governmental institutions. The effectiveness of these programs is supported by strong institutional commitment, parental involvement, and students' increasing awareness of educational attainment before marriage. Nevertheless, economic hardship, socio-cultural traditions, and peer influence remain major barriers to prevention efforts. The study contributes to the growing literature by demonstrating that Islamic boarding schools function not only as religious educational institutions but also as strategic social agents in child protection and underage marriage prevention through value-based education and community engagement.
Family Ijtihad and Ritual Adaptation among Urban Muslim Toraja Families: A Fiqh al-Aqalliyyat Perspective Agus Muchsin; Ahmad Ahmad; Ima Frafika Sari
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.4066

Abstract

Urban Muslim Toraja families face persistent tensions between ancestral reverence rituals, such as Rambu Solo’ and Ma’nene’, which are rooted in Aluk Todolo traditions, and Islamic legal norms that prohibit shirk. Existing studies have largely examined communal forms of religious-cultural negotiation, while the micro-family level remains underexplored. This study examines how urban Muslim Toraja families adapt ancestral rituals through Islamic legal reasoning and how these adaptations contribute to social integration. Using a descriptive-analytical qualitative approach, data were collected through semi-structured interviews with eight informants from five Muslim Toraja families in Tana Toraja and Makale, participant observation of family ritual practices, and analysis of local fatwa, customary texts, and ethnographic documents. The findings reveal three interrelated mechanisms of adaptation: the selective use of ‘urf as a secondary legal source, the application of maqasid al-shariah to legitimate ritual modification, and family ijtihad led by household religious authorities. These mechanisms allow families to replace elements considered incompatible with Islamic belief while preserving ritual structure and kinship solidarity. This study contributes to fiqh al-aqalliyyat scholarship by showing that minority legal reasoning can operate not only through communal institutions, but also through micro-family ijtihad in culturally plural Muslim-majority societies.
Safeguarding the Best Interests of Children after Parental Divorce: An Islamic Family Law and Psychological Perspective Muhammad Akbar; Fikri; Agus Muchsin; Sudirman; Saidah
Al-Iftah: Journal of Islamic studies and society Vol. 7 No. 1 (2026): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/aliftah.v7i1.18069

Abstract

Parental divorce often places children in a vulnerable position because the dissolution of marriage may disrupt the fulfilment of their legal, emotional, educational, and social rights. This study examines how the principle of the best interests of the child is implemented after parental divorce from the perspectives of Islamic family law and child psychology. It specifically investigates the forms of protection provided to children, the legal and psychological consequences of divorce, and the relevance of Islamic legal principles in safeguarding children’s welfare. The study employed qualitative field research with an empirical juridical approach. Data were collected through interviews with students affected by parental divorce, guidance and counselling teachers, homeroom teachers, and other relevant school personnel, supported by observation, documentation, statutory regulations, Islamic legal sources, and scholarly literature. The data were analysed descriptively through data reduction, classification, interpretation, and triangulation. The findings indicate that protection for children after parental divorce remains insufficient in several respects. Some children experienced reduced parental attention, limited financial support, disrupted caregiving arrangements, declining learning motivation, emotional distress, social withdrawal, and behavioural changes. In several cases, daily care was transferred to grandparents or other relatives, revealing a gap between formal custody arrangements and actual parental responsibility. From an Islamic family law perspective, divorce does not terminate parental obligations concerning hadanah, maintenance, education, affection, and moral guidance. These obligations are consistent with the objectives of maqāṣid al-sharī‘ah, particularly the protection of life, intellect, and lineage. The study concludes that safeguarding children after divorce requires more than formal custody decisions; it demands sustained parental involvement, psychological assistance, school-based counselling, family cooperation, and institutional supervision. Future research should examine post-divorce child protection across broader social settings and develop integrated legal and psychosocial intervention models.