Insani: Jurnal Pranata Sosial Hukum Islam
Vol. 1 No. 1 (2025): Insani: Jurnal Pranata Sosial Hukum Islam

Tension between Islamic Law and Human Rights in Child Marriage Cases in Indonesia

Nurmu’izzatin Zaharatul Parhi (Universitas Islam Negeri Sunan Kalijaga, Yogyakarta, Indonesia)
Murdan (Institut Agama Islam Qamarul Huda, Lombok Tengah, Indonesia)
Hamsah Hudafi (Universitas Islam Negeri Sumatera Utara, Medan, Indonesia)
Rizki Pangestu (Sekolah Tinggi Agama Islam Mempawah, Mempawah, Indonesia)
Fawwaz Elmurtadho (Istanbul Sabahattin Zaim University, Istanbul, Turkey)



Article Info

Publish Date
31 Jul 2025

Abstract

This study aims to build a strong knowledge base so that the transformation process can proceed inclusively and sustainably, in line with social dynamics, developments in religious interpretation, and constitutional demands and human rights commitments that have become part of Indonesian civilisation. This study applies a qualitative approach with a library research strategy that prioritises the analysis of legal documents, religious interpretations, state policies, as well as scientific publications and reports from international and national organisations related to the issue of child marriage by integrating several main frameworks to support comprehensive and multidimensional analysis. The results indicate that the tension between Islamic law and human rights in cases of child marriage in Indonesia shows that without the political courage to enforce comprehensive child protection and update religious interpretations to be responsive to reality, the state will only continue to repeat ambiguous compromises that harm the younger generation. A paradigm shift, cross-actor collaboration, and a commitment to placing children's rights at the foundation of social justice and national progress are needed for Indonesia to break free from the cycle of injustice and achieve a society that values universal human values and traditional wisdom justly.

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Journal Info

Abbrev

insani

Publisher

Subject

Description

Insani: Jurnal Pranata Sosial Hukum Islam is a reputable, open-access, peer-reviewed academic journal published biannually (June and December) by Mahkota Science Publishers. The journal focuses on Islamic law as a social institution, examining its interactions with culture, society, and local norms ...