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All Journal Journal of Governance and Social Policy Al-battar: Jurnal Pamungkas Hukum
Adnan, Boihaqi bin
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Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Marriage Dispensation on the Grounds of Engagement: A Study of the Decision of the Mahkamah Syariyyah Sigli City from the Perspective of Islamic Law and Child Protection Policy Ramadhan, Zakiy; Khairani, Khairani; Adnan, Boihaqi bin
Journal of Governance and Social Policy Vol 6, No 1 (2025): JUNE 2025
Publisher : Department of Government Studies, Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/gaspol.v6i1.47174

Abstract

This study analyzes the legal considerations used by judges in granting marriage dispensation based on engagement at the Mahkamah Syariyah (Sharia Court) of Kota Sigli during the period 20222024. Using a case approach and statutory approach within a normative juridical framework, the findings show that judges considered the existence of an engagement, the physical and mental readiness of the couple, and family support. The Islamic legal principle preventing harm takes precedence over attaining benefit served as the main basis for the ruling, aligning with the concept of maslahah (public interest) in Islamic family law. However, from the perspective of child protection policy, this practice still carries potential risks to children's rights, especially in terms of education and protection from early marriage. It is concluded that the dispensation was granted based on maslahah, but it needs to be balanced with stricter adherence to child protection principles.
Dampak Perceraian Orangtua terhadap Pembentukan Kepribadian Santri: Studi di Dayah Liqaurrahmah, Tungkop Hafizh, Ichsan; Abdullah, Suarni; Adnan, Boihaqi bin
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.379

Abstract

This study aims to analyze the factors that cause parental divorce from students in Dayah Liqaurrahmah, Tungkop, and examine the negative impact of divorce on the academic, social, and emotional development of students. The background of this research departs from the increasing number of divorce cases in society that also affect the lives of children, including those who study in Islamic boarding schools. The research method used is descriptive qualitative with a sociological-empirical approach. The data was collected through in-depth interviews with three students of Dayah Liqaurrahmah, Tungkop, whose parents have divorced. The analysis was carried out thematically to identify the social and emotional patterns that arise after parental separation. The results of the study show that the main factors causing divorce include protracted domestic conflicts, imbalances in roles and responsibilities, differences in life principles, and weak communication between couples. This condition has a significant impact on children, especially in the form of decreased motivation to learn, changes in social behavior, feelings of loss of emotional support, and tension in family relationships. Parental divorce has a complex negative influence on the psychosocial welfare of students. In addition, there is a need for psychological assistance and continuous counseling in the pesantren environment, increasing the role of supervisors in detecting changes in student behavior, and cooperation between dayah and families to create a stronger emotional support system for children who are victims of divorce.
Co-Authors Abdullah, Suarni Hafizh, Ichsan Khairani Khairani Ramadhan, Zakiy