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All Journal Tabayyun : Journal of Islamic Studies Tabayyanu : Journal of Islamic Law
Rahmad Hidayat
Universitas Al-Azhar, Kairo, Mesir
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Kaidah Fiqhiyyah dan Aplikasinya dalam Hukum Keluarga Tentang Radha’ah (Menyusui) Heriandi; Muhammad Amar Adly; Heri Firmansyah; Rahmad Hidayat
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/2aarq097

Abstract

This study investigates the Islamic legal principles governing radha’ah (breastfeeding) and its implications in family law, particularly in defining mahram (non-marriageable kinship) relationships. Rooted in classical and contemporary Islamic jurisprudence, this qualitative, library-based research identifies the foundational legal maxims: “What is prohibited by lineage is also prohibited by breastfeeding,” “The husband’s milk is the cause of prohibition,” and “Nutrition is the legal cause (‘illah) of prohibition in breastfeeding.” The study emphasizes that radha’ah establishes a familial bond equivalent to nasab (bloodline) and is effective when a child under two years of age is breastfed at least five times. Using sources such as the Qur’an, Prophetic traditions, juristic consensus (ijma’), and classical texts from various madhahib (schools of thought), the research reveals that both the breastfeeding woman and her husband (as the source of the milk) establish mahram ties with the breastfed child. Furthermore, it underscores the biological basis of Islamic rulings by demonstrating that nutritional transmission through milk forms the basis for legal prohibition, reflecting the maqāṣid al-sharī‘ah (objectives of Islamic law). This work offers vital insight into the intersection of biological function, legal normativity, and socio-religious ethics in Islamic family jurisprudence.
Pernikahan Usia Dini Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia: Rekonstruksi Batas Usia Perkawinan Berbasis Maqāṣid Al-Syarī'ah Dan Perlindungan Hak Anak Melin Manik; Aripa Syawalia; Putri Azri Sipahutar; Zahra Balqis Ananda Lubis; Mutiara Khalishah; Rahmad Hidayat
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/0xkj9023

Abstract

Child marriage remains one of the most persistent legal and social challenges in Indonesia despite the enactment of Law Number 16 of 2019, which equalizes the minimum marriage age for both men and women at nineteen years. The increasing number of marriage dispensations indicates that legal reform alone has not effectively prevented child marriage. Previous studies have predominantly discussed early marriage from either normative Islamic jurisprudence or statutory perspectives, while limited attention has been devoted to integrating Islamic legal objectives (maqāṣid al-sharī'ah) with child protection principles in evaluating the effectiveness of marriage age regulation. This study aims to analyze the compatibility between Islamic law and Indonesian marriage law regarding the minimum marriage age and to formulate a reconstruction of legal policy based on maqāṣid al-sharī'ah. This research employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials consist of Law Number 16 of 2019, the Compilation of Islamic Law, Constitutional Court Decision Number 22/PUU-XV/2017, and relevant judicial decisions. Secondary legal materials include classical Islamic legal literature, contemporary scholarly works, and international journal articles. The findings demonstrate that Islamic law does not prescribe a numerical minimum marriage age but emphasizes maturity (rushd), capability (istiṭā‘ah), and public welfare (maṣlaḥah). Therefore, Indonesia's minimum marriage age policy is consistent with the objectives of Islamic law in protecting religion, life, intellect, lineage, and property. Nevertheless, the broad application of marriage dispensations weakens the effectiveness of legal protection for children. This study proposes strengthening substantive judicial standards for marriage dispensation, integrating reproductive health education, and harmonizing religious values with child protection policies as a comprehensive strategy to prevent child marriage.
Co-Authors Aripa Syawalia Heri Firmansyah Heriandi Melin Manik Muhammad Amar Adly Mutiara Khalishah Putri Azri Sipahutar Zahra Balqis Ananda Lubis