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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Daulah : Jurnal Hukum dan Perundangan Islam
Moh. Faizur Rohman
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Child Marriage in Villages: Misuse of Ijbār, Structural Discrimination, and Best Interest of the Child Dismissal Rifqi, Muhammad Jazil; Masdar Hilmy; Moh. Faizur Rohman; M Imdadur Rohman
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i1.15970

Abstract

Despite ongoing global efforts to end child marriage, the practice remains widespread in Indonesia. In 2024, Pasuruan recorded some of the highest child marriage rates. Ngantungan Village in Pasrepan is a striking example of how entrenched cultural beliefs and economic pressures continue to drive the trend. This study investigates how structural discrimination—primarily through the practice of ijbār (coercive guardianship) in Islamic legal interpretation—clashes with the best interests of the child (BIC) and perpetuates early marriage. Fieldwork included interviews with religious authorities, local officials, guardians, and young people involved in these marriages. The findings reveal that although Islamic jurisprudence allows guardians to arrange underage marriages under certain conditions, ijbār is frequently misapplied in ways that ignore girls' autonomy and strip them of their right to participate in life-changing decisions. In Ngantungan, traditional myths—like the belief that rejecting too many proposals dooms a girl to lifelong singleness—create social pressure, particularly for girls from low-income families with little formal education. For many, early marriage is seen not as a choice but as the only viable escape from economic hardship. Tackling this issue calls for more than legal reform. It demands a cultural shift, localized education initiatives, and financial support programs that offer meaningful alternatives and disrupt the cycle of child marriage.
Pancasila State: Study of Concepts, State Philosophy, Paradigms, Existence, Guidelines, and Relevance with Maqasid Al-Shari'ah Jamal Al-Din 'Atiyyah Muhammad Solikhudin; Moh. Faizur Rohman
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.2.274-306

Abstract

This article aims to strengthen the ideology of Pancasila and to answer the fundamental problems of the state which are being debated between the secular state, the religious state, and the state of mutualist symbiosis with the ideology of Pancasila, which in this article is discussed with the Pancasila state. This article explains the Pancasila state by examining concepts, state philosophy, paradigm, existence, guidelines, and relevance to maqasid al-shari'ah Jamal al-Din 'Atiyyah. The type of research used is library research with qualitative analysis techniques and a conceptual approach. The research results state that the Pancasila state concept is a prismatic concept built between a religious and secular state, individualism and collectivism, and civil law and common law. Pancasila is a state philosophy that contains common interests and originates from political agreement. The Pancasila State is a legal paradigm and its development. In the realm of existence, Pancasila emphasizes the relationship between religion and the state. For this reason, there are four guiding principles of national law; firstly, all laws must guarantee the nation's integration. Secondly, laws must be created democratically and nomocratically based on the wisdom of wisdom; thirdly, laws must encourage the creation of social justice; and fourthly, there must not be public laws based on certain religious teachings. The Pancasila state was created to create a harmonious life in diversity because Pancasila is a way of life that promotes mutual harmony. Meanwhile, the relevance of Jamal al-Din 'Atiyyah's maqasid al-shari'ah is related because it contains maqasid personalmukallaf, maqasid al-ummah (national goals), and maqasid al-insanity (humanitarian goals). Keywords: State, Pancasila, and maqasid al-shari'ah Jamal al-Din 'Atiyyah.
The Role of Corporate Social Responsibility (CSR) in Mining Company Disputes Based on Limited Liability Company Law and Mineral and Coal Mining Law Hutrin Kamil; Moh. Faizur Rohman
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2024.14.2.309-337

Abstract

A company's commitment to act morally, conduct business legally, and improve the lives of local communities and society at large is known as corporate social responsibility (CSR). In the mining industry itself, the implementation of CSR is an interesting issue. The basic concept of CSR is very clear: the importance of the social attitude of mining companies towards local communities around mining sites. Conflicts or disputes in the mining industry can have an impact on how well mining companies implement their CSR programs. This research aims to examine the role of CSR in mining company disputes based on applicable law, namely the Limited Liability Company Law and the Mineral and Coal Mining Law, as well as other related legal regulations, in order to encourage companies, especially mining companies to comply with the implementation of CSR in order to avoid mining conflicts/disputes. This research uses a normative juridical method with a statutory approach. This research will explain, review, and assess the laws and regulations related to CSR issues using this methodology and approach. CSR can play a role in preventing and resolving company disputes, including those of mining companies. If a dispute occurs, the provision and implementation of CSR programs can be a bridge solution in resolving mining disputes with the Limited Liability Company Law and the Mineral and Coal Mining Law as the main references.
Co-Authors Hutrin Kamil M Imdadur Rohman Masdar Hilmy Muhammad Solikhudin Rifqi, Muhammad Jazil