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All Journal Syaksia : Jurnal Hukum Perdata Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Eva Fadhilah
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Religion Humanities Astronomy Chemistry Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
PINJAMAN ONLINE DAN KERENTANAN KELUARGA MUSLIM PRESPEKTIF MAQASHID SYARIAH Eva Fadhilah; Sri Agustina
Syaksia: Jurnal Hukum Perdata Islam Vol 27 No 1 (2026): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v27i1.12887

Abstract

The development of online lending (pinjaman online or pinjol) services has provided easier access to financing for the public. However, on the other hand, it has also generated various challenges that have the potential to threaten family resilience. This study aims to analyze the impact of online lending on family vulnerability from the perspective of maqāṣid al-syarī‘ah and to formulate strategies for strengthening family resilience amid the growing use of digital financial services. By implementing a conceptual approach and descriptive analysis based on the maqāṣid al-syarī‘ah framework, the study finds that although online lending may offer benefits as an alternative source of financing, from an Islamic legal perspective it is considered prohibited (haram) due to the presence of riba (usury). Furthermore, online lending may give rise to various forms of family vulnerability, including economic vulnerability, psychological vulnerability, and relational vulnerability, which may ultimately lead to divorce and even loss of life. These vulnerabilities indicate potential threats to the objectives of maqāṣid al-syarī‘ah, particularly in safeguarding wealth, life, intellect, and family. Therefore, strengthening family resilience requires synergy among more effective regulatory frameworks, enhanced financial literacy, and the reinforcement of family functions through authoritative-democratic relationship patterns. Such measures are essential to mitigate the negative impacts of online lending and to promote the well-being and sustainability of Muslim families in the digital era.
Co-Authors Maulana Ramdani Mohamad Rafi Padilah Muhammad Jamiullail Abdulloh Muhammad Wildan Razka Rahtama Niswatin Hadirotul Qudsiyah Öğretim Üyesi Büşra Nur DURAN Pitrotussaadah, Pitrotussaadah Rizki Amalia Sri Agustina