Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 12, No 2 (2025): October

The Role of Kyai and the State in Regulating Child Marriage: A Study in Cirebon Regency

Muhammad Sibawaihi (UIN Sulthan Thaha Saifuddin Jambi)
Nandang Najmudin (UIN Sunan Gunung Djati Bandung)
Abdul Kholik (UIN Sunan Gunung Djati Bandung)
Muhammad Yogi Sandra (Fakultas Hadarah, Dirasat Quraniyyah Mu'
ashirah, Universitas Al-Zaitunah Tunis)



Article Info

Publish Date
04 Nov 2025

Abstract

Child marriage remains a pressing socio-legal issue in Indonesia, where religious norms often intersect and sometimes conflict with state regulations. This study explores the dynamic interaction between kyai (Islamic religious leaders) and state authorities in regulating child marriage within Cirebon Regency—a region known for its strong pesantren-based traditions. Using a qualitative case study approach, data were collected through in-depth interviews with kyai, judges, and families, supported by observations and document analysis of court rulings, religious texts, and local socio-cultural practices. The findings reveal that most kyai continue to legitimize child marriage through classical fiqh doctrines such as darūrah syar‘iyyah (religious necessity) and maslahah (public interest), reflecting the enduring influence of traditional interpretations. However, younger kyai are beginning to adopt contextual ijtihād that aligns with contemporary child protection principles under maqāṣid al-sharī‘ah. Meanwhile, state institutions struggle to implement the 2019 Marriage Law effectively due to the strong moral authority held by kyai. This study contributes to the field of contextualized Islamic law by developing a model of legal harmonization that integrates maqāṣid-based reinterpretation of fiqh with Indonesia’s child protection framework. The research offers both theoretical insight—by advancing the discourse on critical legal pluralism in Muslim societies—and practical guidance for policymakers to foster collaboration between religious leaders and state institutions in preventing child marriage while respecting local religious values.

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Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...