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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Syakhshiyyah Jurnal Hukum Keluarga Islam
ramadhania, safrida
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Anak dalam Pernikahan di Bawah Umur: Studi Komparatif Indonesia, Mesir, dan Fikih Kontemporer ramadhania, safrida; safrida; Ahmad Izzudin; Ahmad antoni Hidayat
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/d4d8xe79

Abstract

Abstract:  The phenomenon of child marriage remains a serious issue in both Indonesia and Egypt due to its adverse impacts on children’s health, psychological well-being, and social development. This study aims to analyze child protection in early marriage through a comparative examination of Indonesian positive law, Egyptian family law, and contemporary fiqh perspectives. Using a normative-comparative method, the research examines legal and fiqh literature to identify common ground in child protection frameworks. The findings indicate that Indonesia has set a minimum marriage age of 19 through the revision of Marriage Law No. 16 of 2019, while Egypt establishes a minimum age of 18 under Law No. 126 of 2008. However, both countries face similar challenges: the effectiveness of regulations is weakened by the high number of marriage dispensation applications in Indonesia and by unregistered marriages (‘urfi) and strong cultural factors in Egypt. From a fiqh perspective, there is a shift from classical views emphasizing biological maturity (bulūgh) toward contemporary approaches that stress intellectual and psychological maturity (rushd) and the principles of maqāṣid al-sharī‘ah to prevent harm. This study concludes that effective child protection requires harmonization between stricter legal dispensation mechanisms and progressive contemporary fiqh values. Effective protection depends not only on formal regulation but also on strengthening public awareness to reject child marriage for the sake of broader social welfare. Keywords: child protection, child marriage, Indonesian law, Egyptian law, contemporary fiqh.  
Pembuktian Paternitas Berbasis DNA dan Hak Waris Anak Luar Nikah: Studi Komparatif Indonesia dan Turki dalam Perspektif Maqasid Shariah Thahir Ibn ‘Asyur Ramadhania, Safrida; Rouf, Abd
AHKAM Vol 5 No 3 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11000

Abstract

The development of DNA testing technology has increased the ability to prove the biological relationship between a child and their biological father; however, this scientific certainty has not been fully followed by legal certainty in the field of inheritance. This study aims to analyze the relationship between DNA-based proof of paternity and the inheritance rights of children born out of wedlock in Indonesian Islamic law, compare it with the Turkish legal system, and formulate a model for protecting economic rights in accordance with the perspective of maqāṣid al-sharī‘ah of Thahir Ibn ‘Āsyūr. This study used a normative legal research method with statutory, conceptual, comparative, and maqāṣid al-sharī‘ah approaches. Primary legal materials in the form of laws and regulations, court decisions, fatwas, and Turkish legal provisions were analyzed descriptively-analytically and prescriptively. The results show that Constitutional Court Decision Number 46/PUU-VIII/2010 has opened civil relations between children born out of wedlock and their biological fathers that can be proven through science and technology, including DNA testing. However, the Compilation of Islamic Law and MUI Fatwa Number 11 of 2012 continue to limit lineage relations and inheritance rights to the mother and her family. Conversely, Turkish law shows a clearer connection between proof of paternity, determination of the child’s legal status, and inheritance rights. The conclusion of this study affirms that the protection of the economic rights of children born out of wedlock in Indonesian Islamic law can be reconstructed through an obligatory bequest that is imperative after the biological relationship has been proven through DNA and determined by a court. These findings contribute to the development of Islamic family law and inheritance law by offering a child protection model oriented toward public benefit without disregarding the principle of lineage.
Co-Authors Ahmad antoni Hidayat Ahmad Izzudin Rouf, Abd Safrida