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All Journal Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Jurnal El-Thawalib Jurnal El-Thawalib
Ummah, Azka
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinterpreting Kafā’ah: The Interaction of Islamic Legal Norms and Social Realities in Contemporary Indonesian Marriage Practices. Putra, Deri Eka; Zufialina, Era; Ummah, Azka; Prananda, Doni
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 2 November 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i02.12484

Abstract

This study examines the concept of kafā’ah (compatibility) in marital partner selection within the Indonesian context, focusing on the interaction between Islamic legal norms and evolving social realities. Although classical Islamic jurisprudence emphasizes religious and moral compatibility as primary criteria, contemporary marriage practices in Indonesia increasingly incorporate social variables such as education, economic status, and family background. Using a qualitative descriptive approach through literature review and document analysis, this research analyzes classical fiqh texts, the Compilation of Islamic Law (KHI), and empirical studies on marriage practices across different cultural settings in Indonesia. The findings reveal that kafā’ah remains relevant as a principle for ensuring marital harmony; however, its interpretation has shifted from lineage and socio-economic status toward shared values, emotional maturity, and religious commitment. The study also indicates a gap between normative legal frameworks and practical social considerations, influenced by cultural dynamics and modernization. This research contributes to contemporary Islamic family law discourse by highlighting the need for a contextual reinterpretation of kafā’ah that prioritizes ethical and spiritual dimensions over hierarchical social classifications.
Implementation of Sadd adz-Dzari'ah in the Efforts of Ninik Mamak to Prevent Child Marriage in Nagari Sungai Nanam from the Perspective of Islamic Family Law Kholidah, Kholidah; Ermansa, Efri; Ummah, Azka
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17728

Abstract

The phenomenon of child marriage remains a serious problem in Indonesia, including in Sungai Nanam Village, Solok Regency, West Sumatra. Although the government has raised the minimum age for marriage through Law Number 16 of 2019 to 19 years for both men and women, the practice of underage marriage continues due to cultural and economic factors, as well as low public legal awareness. This study aims to analyze the role and strategies of ninik mamak in preventing underage marriage and examine these efforts from the perspective of sadd adz-dzari'ah in Islamic family law. The research method is field research with a normative-sociological approach. Primary data were obtained through interviews with traditional leaders, ninik mamak, and village officials; secondary data were sourced from village documents, laws and regulations, and academic literature. Data collection techniques included observation, interviews, and documentation, and the data were analyzed using inductive techniques. The results of the study indicate that ninik mamak have a strategic role in instilling customary and religious values in children and nieces, providing advice, and imposing social sanctions against perpetrators of underage marriage. The strategies implemented include socialization of customs, outreach to educational and health institutions, and collaboration with the KUA and the Nagari government. This effort is in line with the concept of sadd adz-dzari'ah, which aims to close the path to mafsadah (damage), such as domestic violence, early divorce, and reproductive health problems. Thus, the ninik mamak effort is not just a social action but also a means of implementing Islamic legal values in the local Minangkabau context.
Implementation of Sadd adz-Dzari'ah in the Efforts of Ninik Mamak to Prevent Child Marriage in Nagari Sungai Nanam from the Perspective of Islamic Family Law Kholidah, Kholidah; Ermansa, Efri; Ummah, Azka
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17728

Abstract

The phenomenon of child marriage remains a serious problem in Indonesia, including in Sungai Nanam Village, Solok Regency, West Sumatra. Although the government has raised the minimum age for marriage through Law Number 16 of 2019 to 19 years for both men and women, the practice of underage marriage continues due to cultural and economic factors, as well as low public legal awareness. This study aims to analyze the role and strategies of ninik mamak in preventing underage marriage and examine these efforts from the perspective of sadd adz-dzari'ah in Islamic family law. The research method is field research with a normative-sociological approach. Primary data were obtained through interviews with traditional leaders, ninik mamak, and village officials; secondary data were sourced from village documents, laws and regulations, and academic literature. Data collection techniques included observation, interviews, and documentation, and the data were analyzed using inductive techniques. The results of the study indicate that ninik mamak have a strategic role in instilling customary and religious values in children and nieces, providing advice, and imposing social sanctions against perpetrators of underage marriage. The strategies implemented include socialization of customs, outreach to educational and health institutions, and collaboration with the KUA and the Nagari government. This effort is in line with the concept of sadd adz-dzari'ah, which aims to close the path to mafsadah (damage), such as domestic violence, early divorce, and reproductive health problems. Thus, the ninik mamak effort is not just a social action but also a means of implementing Islamic legal values in the local Minangkabau context.
Co-Authors Ermansa, Efri Kholidah Kholidah, Kholidah Prananda, Doni Putra, Deri Eka Zufialina, Era