Abandonment of Women’s Rights in Child Marriage;  An Islamic Law Perspective

Barkah, Qodariah; Huzaimah, Arne; Rachmiatun, Siti; Andriya,; Ramdani, Zulmi

doi:10.19105/al-lhkam.v17i2.6725

Cited by 11 publications

(7 citation statements)

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“…This undertaking was sociologically intended to translate legal issues discussed correctly and investigate society's social realities (Barkah et al, 2022). Therefore, this research investigated the customary marriage procession of the Uluan Musi community.…”

Section: Methodsmentioning

confidence: 99%

Changes in Islamic Society and Culture in Customary Marriage Within the Uluan Musi Community

Jamil,

Adil,

Torik

et al. 2023

JPSS

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Marriage is a culture that grows based on three values: religiosity, customary, and national. In Indonesian culture, the marriage of the Uluan Musi community per these three values has changed the implementation procedure. These changes occurred in the structure and culture, which impacted the customary law system. Therefore, this research aims to observe how changes in Islamic law culture in customary practices occurred in the Uluan Musi community. This qualitative study collects data from traditional and religious leaders through in-depth interviews, observations, and documentation. The results indicated that the changes in the Islamic legal culture in the marriage practice were caused by the fading of the meaning of Islamic legal values (i.e., profanization) of marriage customs due to cultural coexistence and globalization. These changes cause social leeway with the potential to lose cultural identity. Therefore, legal remodification must be carried out to maintain the continuity of Islamic law.

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Section: Methodsmentioning

confidence: 99%

Changes in Islamic Society and Culture in Customary Marriage Within the Uluan Musi Community

Jamil,

Adil,

Torik

et al. 2023

JPSS

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“…People fear damaged reproductive organs and health problems in child marriage. Child marriage has the potential to force women to serve their husbands' sexual desires in the name of religion and custom (Barkah et al, 2022;Fauzi & Ismayawati, 2022). However, the fact is that child marriage begins with free sex activities that occur among adolescents (Fuadi, 2023).…”

Section: The Emergence Of the Sexual Violence Law (Tpks Act)mentioning

confidence: 99%

Examining the complexity of child marriage as sexual violence in digital era

Sudirman,

Ramadhita,

Bachri

et al. 2023

LJIH

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Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.

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“…Article 41 letter a government regulation number 9 of 1975 Jo. Article 57 of the compilation of Islamic law (Barkah et al, 2022;Djubaidah, n.d.;Mesraini et al, 2023;Syarif et al, 2022), namely that religious courts only give permission to a husband who will have more than one person, if…”

Section: B Judge's Considerations In Decision On Polygamy Permit Appl...mentioning

confidence: 99%

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

Ameliah,

Songgirin,

Ahmed

2023

legalis

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Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.

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Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective

Cited by 11 publications

References 0 publications

Changes in Islamic Society and Culture in Customary Marriage Within the Uluan Musi Community

Changes in Islamic Society and Culture in Customary Marriage Within the Uluan Musi Community

Examining the complexity of child marriage as sexual violence in digital era

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

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