Jurnal Kajian Hukum dan Sosial
Vol 22 No 1 (2025)

Elderly in Nursing Homes: Between Birr al-Wālidayn Obligations and Social Dynamics In Banten Province

Humaeroh Humaeroh (Faculty of Sharia UIN Sultan Maulana Hasanuddin Banten)
M.A. Tihami (Postgraduate Program UIN Sultan Maulana Hasanuddin Banten)
Ahmad Hidayat (Postgraduate Program UIN Sultan Maulana Hasanuddin Banten)
Asep Dadan Suganda (Faculty of Islamic Economics and Business UIN Sultan Maulana Hasanuddin Banten)
Arifeen Yama (Institute of Asian Studies, Chulalongkorn University, Bangkok)



Article Info

Publish Date
04 Jun 2025

Abstract

The rising trend of placing elderly parents in nursing homes in Banten Province raises questions about its compatibility with Islamic values, particularly the obligation of birr al-wālidayn. This study is grounded in the tension between modern socio-economic demands and religious expectations that children provide direct care for their parents. The objective is to examine this practice through the lens of maqāṣid al-sharī‘ah and assess whether it can still reflect birr al-wālidayn within a changing social context. A qualitative approach was employed, using observations and in-depth interviews with families, nursing home staff, and religious leaders. The analysis draws on credo theory, legal authority theory, social change theory, fatwa evolution theory, and fishbone analysis. Findings indicate that social, economic, and legal factors influence the decision to institutionalize older people. When guided by principles of protection and well-being, such practices can align with Islamic teachings. The study contributes theoretically and practically to developing elderly care policies that are religiously grounded and responsive to contemporary societal dynamics.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...