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All Journal Journal of Economic, Bussines and Accounting (COSTING) Solo International Collaboration and Publication of Social Sciences and Humanities
Abdul Halim
Institut Agama Islam Hasan Jufri Bawean
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Unregistered Marriage in Modern Society: Causes and Its Impact on the Rights of Women and Children on Bawean Island Faiqatul Insiyah; Abdul Halim; Mustaen
Solo International Collaboration and Publication of Social Sciences and Humanities Vol. 4 No. 02 (2026): Solo International Collaboration and Publication of Social Sciences and Humani
Publisher : Walidem Institute and Publishing

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Abstract

Objective: This study examines the practice of unregistered marriage in modern society on Bawean Island and analyzes the causes and impacts on the fulfillment of women's and children's rights from the perspective of Islamic law and national law. The study aims to identify the social, economic, and religious determinants behind unregistered marriage and explain its legal consequences for the protection of women's and children's rights. Theoretical Framework: This study is based on the concept of marriage as a mitsaqan ghalidan, the theory of family legal protection, and the maqashid al-syari'ah approach that positions marriage registration as an instrument of public welfare. Literature Review: Classical fiqh literature and modern Islamic family law indicate a dualism between sharia validity and administrative legality, where the practice of unregistered marriage has implications for the weak protection of civil rights. Methods: The study used a qualitative socio-juridical and phenomenological approach through in-depth interviews, field observations, and studies of legal documents and population administration. Results: The findings indicate that unregistered marriages on Bawean Island are influenced by economic, cultural, labor migration, and low legal literacy factors, and have a direct impact on women's vulnerability in accessing livelihoods, inheritance, and legal protection, as well as the uncertainty of children's civil status. Implications: This study emphasizes the urgency of marriage registration and the optimization of the marriage validation mechanism as a means of restoring family rights. Novelty: The novelty of the study lies in the integrated analysis of Islamic legal norms, positive law, and the local social realities of the Bawean Island community in explaining the causal relationship between unregistered marriage practices and the protection of women's and children's rights.
ANALISIS HUKUM EKONOMI SYARIAH TERHADAP WARALABA (FRANCHISE) PADA BISNIS PENJUALAN TEH POCI DI PULAU BAWEAN Desy Amiliyah; Abdul Halim
Journal of Economic, Bussines and Accounting (COSTING) Vol. 9 No. 3 (2026): Journal of Economic, Bussines and Accounting (COSTING)
Publisher : Institut Penelitian Matematika, Komputer, Keperawatan, Pendidikan dan Ekonomi (IPM2KPE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31539/mdrqek33

Abstract

This study aims to evaluate the implementation of Islamic economic law principles in the franchising practices of Teh Poci beverage businesses operating in the Bawean Island region. The business model adopts a franchise system based on an ijarah contract, which involves leasing trademark rights, and is supported by an integrated digital ordering platform and a nationwide logistics delivery service. The study employs a qualitative approach through field research, with data collected via direct observation and in-depth interviews with franchisees. The findings reveal that, in general, the business operations comply with the core principles of Islamic economic law, such as justice, transparency, and mutual consent in the initial contractual agreement. However, in practice, certain deviations from the agreed terms were observed—specifically, some franchisees registered only one business unit but subsequently opened multiple additional branches without the franchisor’s approval. This conduct violates sharia principles concerning contract transparency and compliance with the original agreement, as it exceeds the defined scope and limitations. Such violations suggest a lack of comprehensive understanding of the legal consequences within Islamic contractual frameworks, which are designed to ensure fairness and clarity of rights and obligations for both parties. Therefore, enhanced education and stricter supervision are essential to ensure that franchise business practices remain aligned with sharia principles, and to uphold trust and integrity within business partnerships.
Co-Authors Desy Amiliyah Faiqatul Insiyah Mustaen