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All Journal al-Afkar, Journal For Islamic Studies
Izzul Mutho`
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Social Sciences

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Islamic Family Law Perspective on Children Under Ages Who Work to Support Family (Study in Pasar Banggi Village, Rembang District, Central Java Regency) Ibnu Aqil; Izzul Mutho`; Abdul Rozak; Muhammad Rizal Khoirul Umam
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.2983

Abstract

Many children under the age of 18 who have been actively involved in economic activities, become child laborers with the most dominant reason being economic pressure experienced by their parents or other factors. This study aims to determine the driving and underlying factors of children working as breadwinners for families in Pasar Banggi Village. As well as a review of Islamic family law on children as breadwinners for families in Pasar Banggi Village. This researcher uses qualitative methods, the data in this study were obtained from primary data and secondary data. Data collection techniques used are observation, interviews, and documentation. The results of this study indicate that the general description of working underage children due to the large number of them who work in Pasar Banggi Village as fishermen, farm laborers or other jobs is due to the most dominant economic factor, while other factors are environmental factors, parental factors, self-will factor, and habit factor. In terms of Islamic Family Law, the age limit for children to work is not directly explained in Article 98 of the Compilation of Islamic Law paragraph (1) the age limit for children who are able to stand alone or as adults is 21 years, as long as the child is not physically disabled. or mentally or have never been married. Child labor should be avoided considering the harm is greater than the benefit. In Surah Al-Baqarah verse 233 it is explained because providing a living is obligatory for parents.
Legal-Social Relations in Marriage Dispensation: A Comparative Study of the Tangerang Religious Court and the Serang Religious Court Lutvia Prakasiwi; Muhammad Rizal Khoirul Umam; Izzul Mutho`
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3015

Abstract

This study investigates the interplay between legal norms and social realities in marriage dispensation cases, through a comparative analysis of the Religious Courts in Tangerang City and Serang City. The increasing number of applications for underage marriage highlights the tension between statutory regulations and socio-cultural practices. Employing a socio-legal approach and qualitative methodology, the research draws on primary sources, including court decisions and interviews with judges, as well as secondary literature in the fields of law and social science. The findings demonstrate that, although both courts adhere to the same legal basic namely Law No. 16 of 2019 amending the Marriage Law there are marked differences in judicial reasoning shaped by local social contexts. The Tangerang court tends to prioritise procedural formality and child protection, whereas the Serang court shows greater accommodation of local cultural considerations. These variations underscore the extent to which legal decisions are influenced by the social environments in which they are embedded, reaffirming the dynamic relationship between law and society.
Postponement of Marriage due to Inability to Read the Qur'an in Community Traditions Perspective of Munakahat Fiqh and Maslahah Murlah Khuzaifah, Khuzaifah; Izzul Mutho`
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3304

Abstract

The tradition of requiring the ability to read the Qur’an for prospective brides and grooms in Lambu District, Bima Regency, represents a living socio-religious practice with strong normative influence in the marriage process. In practice, this tradition may lead to the postponement of the marriage contract for individuals who have not yet met the required level of Qur’anic literacy. This study aims to analyze the legal status of the Qur’an-reading tradition from the perspective of Islamic marriage jurisprudence (fiqh munakahat) and to assess its relevance through the approaches of maslaḥah mursalah and ‘urf. This research employs a qualitative method with a juridical-sociological approach. Data were collected through interviews, observation, and documentation, and analyzed using descriptive-analytical techniques. The findings indicate that the ability to read the Qur’an is neither a pillar nor a legal requirement for the validity of marriage according to classical fiqh and the Compilation of Islamic Law. Nevertheless, this tradition may be categorized as valid custom (‘urf sahīh) because it does not contradict Islamic legal texts and serves to strengthen religious values within marriage. From the perspective of maslaḥah mursalah, the tradition contains clear benefits, particularly in the form of premarital religious guidance and the enhancement of moral readiness among prospective spouses. Therefore, the Qur’an-reading tradition should be maintained as a form of religious guidance, provided that it is not positioned as a mandatory legal requirement for the validity of marriage.
Co-Authors ABDUL ROZAK Ibnu Aqil Khuzaifah, Khuzaifah Lutvia Prakasiwi Muhammad Rizal Khoirul Umam