Eva Fadhilah
Universitas Islam Negeri Sultan Maulana Hasanuddin Banten

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Uqud al-Khidmah and the Protection of Domestic Workers: A Comparative Study between Fiqh and Indonesian Positive Law Eva Fadhilah; Pitrotussaadah Pitrotussaadah
Al Qalam Vol. 42 No. 1 (2025): June
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32678/alqalam.v42i1.12451

Abstract

The issue of legal protection for domestic workers (PRT) in Indonesia remains a pressing concern, as this group has yet to receive comprehensive recognition in national legislation. This study aims to analyze the concept of uqud al-khidmah in Islamic jurisprudence (fiqh) and compare it with Indonesian positive law regarding the legal protection of domestic workers. A normative qualitative approach is employed, examining classical and contemporary Islamic legal sources alongside relevant Indonesian legal instruments, including Ministerial Regulation No. 2 of 2015 on the Protection of Domestic Workers. In Islamic law, ijarah or uqud al-khidmah contracts emphasize principles such as justice, mutual consent (an taradin), the avoidance of ambiguity (gharar), and respect for human dignity, all of which reflect a holistic framework for worker protection. In contrast, Indonesia’s positive law has yet to provide full protection, due to the absence of a specific law governing domestic work. The findings reveal that fiqh offers significant normative contributions to formulating just and humane regulations for domestic workers. Therefore, integrating Islamic legal values into national policymaking may serve as a constructive alternative to address the existing legal vacuum and enhance the protection of this vulnerable labor sector.
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 : LP3M INSTITUT KH YAZID KARIMULLAH

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.