Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal al-Mawarid Jurnal Syariah dan Hukum (JSYH) Al Fuadiy: Jurnal Hukum Keluarga Islam
Eva Fadhilah
Unknown Affiliation
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
PROTECTION OF CHILDREN FROM DOMESTIC VIOLENCE: A COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA Eva Fadhilah; Öğretim Üyesi Büşra Nur DURAN; Pitrotussaadah
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art7

Abstract

Purpose - This study aims to examine and compare the principles of child protection in Islamic and positive law in Indonesia, focusing on the handling and prevention of violence against children within the family. The significance of this research lies in the increasing number of child abuse cases, particularly within the household, which indicates a gap between existing legal norms and social realities. Method - This study used a qualitative approach with a normative juridical method. Data were collected through a literature review, including primary sources (the Qur’an, Sunnah and Statutory regulations) and secondary sources (classical books and scholarly journals). Findings - Islamic law firmly rejects all forms of violence against children through principles contained in the texts and the concept of Maqāṣid al-Usrah, which provides guidance for child protection from conception to adulthood. Positive law regulates child protection through Law No. 35 of 2014, which covers investigations, court proceedings, victim rehabilitation, and prevention through education and child protection institutions. The implementation of both legal systems is hindered by differing interpretations and cultural influences on the law. Research Contribution/Limitations-This study provides a comparative overview of the relevance of child protection principles in Indonesia, but is limited to literature-based research. Originality/Value-This research enriches child protection studies by integrating Islamic and positive legal perspectives as academic and practical references for child protection.
Fenomena Nikah Siri Studi Kasus Desa Kaduhejo Pandeglang Muhammad Jamiullail Abdulloh; Maulana Ramdani; Rizki Amalia; Niswatin Hadirotul Qudsiyah; Muhammad Wildan Razka Rahtama; Mohamad Rafi Padilah; Eva Fadhilah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1834

Abstract

The practice of unregistered religious marriage (nikah siri) continues to persist in several rural communities in Indonesia, including Kaduhejo Subdistrict, Pandeglang Regency, where strong religious values intersect with economic and social constraints. Although considered valid according to Islamic law, nikah siri is not formally recorded by the state, resulting in significant legal and social consequences, particularly for women and children. Based on a qualitative normative-empirical approach, this research explores the forms, underlying factors, community perceptions, and socio-legal impacts of nikah siri through in-depth interviews, field observations, and document analysis involving married couples, religious leaders, community figures, and local officials. The findings indicate that economic limitations, socio-cultural traditions, and limited legal awareness are dominant factors sustaining the practice. Most community members prioritize religious legitimacy over administrative legality, while simultaneously acknowledging the legal vulnerabilities arising from unregistered marriages. Nikah siri creates a social dilemma by positioning religious norms, local traditions, and state law in a state of tension rather than harmony. Women and children are the most affected parties, facing legal uncertainty regarding inheritance rights, marital status, and civil documentation. This study offers an empirical contribution by framing nikah siri as a living legal phenomenon shaped by continuous negotiation between normative religious values and structural legal limitations. Strengthening legal education, improving access to marriage registration, and enhancing the economic capacity of young couples are essential strategies to reduce the negative impacts of unregistered marriages in rural communities.
Co-Authors Maulana Ramdani Mohamad Rafi Padilah Muhammad Jamiullail Abdulloh Muhammad Wildan Razka Rahtama Niswatin Hadirotul Qudsiyah Öğretim Üyesi Büşra Nur DURAN Pitrotussaadah Rizki Amalia