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All Journal At-Tafkir Journal of Scientific Interdisciplinary
Isroqunnajah Isroqunnajah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Regulation Prevention Of Child Marriage: The Perspective Of Lawrence M. Friedman and Sadd al-Dzarīʿah's Legal System Aisyatul Azizah; Sudirman Sudirman; Isroqunnajah Isroqunnajah
Journal of Scientific Interdisciplinary Vol. 2 No. 6 (2025)
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jsi1402

Abstract

This study examines the effectiveness of regulations preventing child marriage in the city of Surabaya after the enactment of Law No. 16 of 2019, which raised the minimum age for marriage to 19 years, but still allows for marriage dispensations through Article 7 paragraph (2). This normative loophole raises academic questions about how the law works in social reality and how preventive measures can be institutionalized. This study aims to assess the implementation of regional policies, particularly Perwali No. 32 of 2024, and to examine the practices of religious courts in deciding on marriage dispensations using Lawrence M. Friedman's Legal System Theory and the principle of Sadd al-Dzarīʿah as analytical tools. Empirical research methods were used through interviews, observations, documentation, and qualitative analysis of two cases of marriage dispensation that were rejected and granted. The results of the study show that the significant decrease in the number of marriage dispensations in Surabaya occurred due to the synergy of the legal structure (Religious Court, DP3APPKB, Ministry of Religious Affairs, RT/RW), legal substance through the Perwali which tightened procedures, and changes in the legal culture of society. The courts applied new standards that are more protective and based on maqāṣid al-syarī‘ah , making marriage dispensations an emergency mechanism rather than a legalization of child marriage. This study provides theoretical implications in the form of an integrative model between maqāṣid and the modern legal system, as well as practical implications in the form of recommendations to replicate the Surabaya model in other regions in an effort to protect children.
Muhammadiyah Dan Warisan Pemikiran Muhammad Abduh: Ikhtiar Merawat Nilai-Nilai Islam Berkemajuan Adnan, Ach Fuad Fahmi; SJ Fadil; Isroqunnajah Isroqunnajah
At-Tafkir Vol. 18 No. 2 (2025): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v18i2.11955

Abstract

Muhammadiyah is one of the largest Islamic organizations in Indonesia and has played a crucial role in the modernization and reform of Islam. The movement is deeply rooted in the ideas of Muhammad Abduh, an Islamic reformer from Egypt who emphasized rationality, ijtihad, and education as the foundations of Islamic progress. This study aims to analyze the relationship between Abduh’s intellectual legacy and the concept of Progressive Islam promoted by Muhammadiyah. Using a qualitative library-based research method, this study finds that Muhammadiyah has adopted and further developed Abduh’s ideas, particularly in the fields of education, religious rationality, and social empowerment. Muhammadiyah promotes modern education that integrates religious and general sciences, encourages reason-based Islamic thought grounded in authentic texts, and actively engages in social programs to enhance public welfare. The study also identifies globalization and rapid social change as major challenges in maintaining the relevance of Progressive Islamic values. Therefore, continuous innovation in da‘wah and educational strategies is essential for Muhammadiyah to remain a progressive and competitive Islamic movement. This research contributes to a deeper understanding of Muhammadiyah’s role in sustaining a dynamic, rational, and modern Islamic tradition inspired by Muhammad Abduh.
Co-Authors Adnan, Ach Fuad Fahmi Aisyatul Azizah SJ Fadil Sudirman Sudirman