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All Journal Al-Mizan (e-Journal) Sakina: Journal of Family Studies
Elfa Murdiana
Universitas Islam Negeri Jurai Siwo Lampung, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Dampak Perkawinan Dibawah Tangan Terhadap Akses Pemenuhan Hak Anak Eka Widiawati; Elfa Murdiana; Hud Leo Perkasa Maki
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v22i1.7231

Abstract

Unregistered marriages remain prevalent in several rural areas in Indonesia, despite the implementation of mandatory marriage registration regulations. Previous studies have generally focused on the legal validity aspects of such marriages, while empirical research examining their impact on children’s access to rights at the local level remains limited. This study aims to fill this gap by analyzing the driving factors and impacts of unofficial marriages on the fulfillment of children’s rights in Wonosari Village, Mesuji Timur District, Mesuji Regency. This research is a field study employing a descriptive qualitative approach. Data were collected through in-depth interviews, direct observation, and document analysis involving couples in unofficial marriages, parents, community leaders, and local government officials. The findings reveal that economic vulnerability, premarital sexual activity, and environmental and family pressure are the primary factors driving the occurrence of unofficial marriages. Children born from such unions face significant obstacles in obtaining legal identity documents, accessing formal education, and securing adequate legal protection. This situation places both children and women in a socially and juridically vulnerable position. While these unofficial marriages are considered religiously valid, they lack legal force. This study provides an empirical contribution by presenting local evidence regarding the linkage between unofficial marriages and the fulfillment of children’s rights. Consequently, it underscores the importance of policy interventions, including simplifying marriage registration procedures, improving access to civil registration services, and strengthening collaboration among the government, religious institutions, and community stakeholders in protecting children’s rights.
Justice Brokers: Examining Women’s Rights in the Polygamy Process in Gorontalo City Muhammad Syakir Al Kautsar; Ajub Ishak; Nurul Mahmudah; Elfa Murdiana
Sakina: Journal of Family Studies Vol 10 No 1 (2026): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v10i1.23791

Abstract

The protection of women’s rights in the process of polygamy in Gorontalo City is a crucial issue that requires careful examination to emphasize the fundamental objectives of Islamic law. Legal protection represents an important manifestation of Islamic law’s goals in realizing justice, public welfare, and the protection of individual rights, particularly those of women. In this context, attention is directed to the preventive role of the Religious Court as well as the potential negligence of justice intermediaries (justice brokers) in prioritizing the protection of women’s rights, which can be analyzed through the perspective of maqāṣid al-sharī‘ah. Using the maqāṣid al-sharī‘ah framework, this study evaluates whether polygamous practices in Gorontalo City fulfill the objectives of Islamic law, including the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that several challenges remain in both regulatory structures and practical implementation, particularly regarding weak verification mechanisms, unequal power relations within families, and the limited role of justice brokers in ensuring that women’s rights are fully considered during the legal process. From the perspective of justice theory proposed by John Rawls, the protection of women’s rights requires fairness in access to information and equal bargaining positions in decision-making. When the first wife lacks adequate information or experiences pressure to consent to polygamy, the process fails to meet the principle of justice as fairness. Therefore, strengthening the role of the Religious Court, improving oversight of justice brokers, and ensuring transparency in legal information are essential steps toward protecting women’s rights and achieving justice in polygamous practices.
Co-Authors Ajub Ishak Eka Widiawati Hud Leo Perkasa Maki Muhammad Syakir Al kautsar Nurul Mahmudah