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Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.

This study discusses the concept of polygamy from the perspectives of Islamic law and positive law in Indonesia, focusing on the principles of justice and its impact on women and families. Polygamy is one of the issues in fiqh munakahat that continues to generate debate because it is considered closely related to patriarchal culture, gender inequality, and violence against women. This study aims to analyze the legal basis of polygamy in the Qur’an, the views of scholars of tafsir and fiqh regarding polygamy, as well as the regulation of polygamy in Indonesian legislation. This study employs a library research method with a normative-sociological approach. Data sources were obtained from books of tafsir, fiqh, hadith, Islamic legal literature, and laws and regulations related to marriage in Indonesia. The findings indicate that Islam permits polygamy under very strict conditions, particularly regarding the husband’s ability to act justly both materially and emotionally. However, justice in emotional aspects and affection is considered very difficult for ordinary people to achieve, as emphasized in Qur'an Surah An-Nisa verse 129. In Indonesian positive law, the primary principle of marriage is monogamy, while polygamy is only permitted under certain circumstances with administrative requirements and court approval. This study concludes that the practice of polygamy in the modern era should be understood contextually by considering aspects of public welfare (maslahah), the protection of women’s rights, family justice, and the primary objectives of Islamic law in establishing a harmonious family characterized by sakinah, mawaddah, and rahmah.             

The impact of sighar marriage on the younger generation from the perspective of Islamic law, social, and psychological. The main problem raised is the practice of marriage without dowry which places women as objects of exchange, thus ignoring their rights and causing the invalidity of the contract according to a number of scholars. The purpose of this study is to analyze the social, legal, and religious consequences of sighar marriage and its implications on the formation of children's identity and family resilience. The research method uses a literature study with a normative-comparative approach, referring to classical fiqh literature, hadith, and contemporary academic studies that compare the views of the Shafi'i, Maliki, Hanbali, and Hanafi schools. The results of the study show that nikah syighar has an impact on the neglect of women's rights, the normalization of objectification, household instability, the crisis of children's identity, and the weakening of family institutions. In addition, this practice is contrary to maqasid al-shari'ah, thus undermining the sacred value of marriage as worship and a means of moral development. These findings underscore the need for Islamic family law regulation and education to protect the younger generation from the practice of illegal and harmful marriage.

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

D Dowry (mahar) is an obligation of a groom to his bride in Islamic marriage, symbolizing respect and responsibility. In the Buton community, mahar also develops as a customary tradition known as boka, which carries both symbolic and socio-cultural meanings. This study aims to analyze the concept of mahar according to the Shafi’i school of law and its implementation in Taduasa Village, South Buton Regency. This research uses a qualitative method with data collection techniques including interviews, documentation, and literature review. The findings show that mahar is viewed as a symbol of respect for women and is determined based on lineage and social status. According to the Shafi’i school, such practices are permissible as long as they are based on mutual agreement and do not burden the groom. However, excessively high dowry amounts in some cases may hinder marriage. This study concludes that the mahar tradition in Taduasa Village remains consistent with Shafi’i principles but should be adjusted to the Islamic values of ease and public welfare.

The fiqh principle stating that a leader’s policies and actions toward the people must be based on public welfare is an Islamic legal principle emphasizing that every action and policy of a leader should be oriented toward the interests and well-being of society. This study aims to examine the meaning, normative foundations, concepts, and implementation of this principle in state governance. The research employs a library research method with a normative approach through the analysis of the Qur’an, Hadith, fiqh literature, scholarly journals, and relevant legislation. The findings indicate that this principle has a strong foundation in the Qur’an and Hadith, particularly regarding trustworthiness, justice, and the responsibility of leaders toward their people. Conceptually, this principle is closely related to the theories of maqashid al-shari’ah and siyasah shar’iyyah, which place public welfare as the primary objective of Islamic law. In practice, the principle is applied in various fields, including public administration, law and legislation, religious policies, as well as economic and fiscal policies. Its implementation can be seen in policies concerning the prohibition of interfaith marriage, marriage dispensation, marriage legalization hearings (isbat), the suspension of Hajj departures during the COVID-19 pandemic, and the management of state finances during the era of the Rightly Guided Caliphs. Therefore, this principle demonstrates that Islamic law possesses flexible and adaptive characteristics while maintaining a strong orientation toward public welfare, making it relevant to modern systems of governance.

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

Marriage is a very strong contract (mistaqan ghalidan) to obey Allah's commands and carrying it out is an act of worship. The goal is to realize a household life that is sakinah, mawaddah, and rahmah. In the realization of a household with the bonds of marriage there are components that cover it, both in terms of regulations and legal concepts. Basically, a marriage agreement is a form of protection or protection if in the future there are things that are not desired by both parties such as death, divorce or bankruptcy, the legal basis regarding the marriage agreement itself has been regulated in the Compilation of Islamic Law and the Marriage Law Number 1 of 1974 and the Constitutional Court Decision No. 69 / PUU-XII / 2015, After the birth of the Constitutional Court Decision Number 69 / PUU / XII / 2015, the marriage agreement has changed both in terms of the time of creation and the institution that has the authority to ratify the marriage agreement.

The tradition of marriage gift money (uang hantaran) in the Malay community of Melibur Village, Talang Muandau District, Bengkalis Regency, Riau Province, remains a customary practice preserved as a symbol of respect for the bride’s family and a sign of the groom’s seriousness. However, over time, its meaning has shifted toward materialism, as the amount is often determined by social status, educational background, and family prestige, potentially causing economic burdens, psychological pressure, delays, and even the cancellation of marriages. This study aims to describe the practice of uang hantaran and formulate an Islamic legal reconstruction of the tradition in accordance with the principle of simplicity. This research is a field research employing a qualitative approach. Data were collected through interviews, observations, and documentation, and were analyzed descriptively and analytically using the maslahahmursalah approach in Islamic law. The findings indicate that the practice of uang hantaran in Melibur Village is still maintained as part of local custom; however, its implementation has shifted from a symbolic function to a materialistic one, resulting in economic pressure on the groom’s family, psychological burdens on prospective spouses, and delays in marriage. From the perspective of maslahahmursalah, uang hantaran may be categorized as maslahahhajiyyah when determined flexibly and without imposing hardship, but it becomes mafsadah when the amount is excessive and causes harm. Therefore, the reconstruction of Islamic law regarding this tradition emphasizes that uang hantaran is not a legal requirement for marriage but rather a complementary customary practice whose determination should be based on deliberation, mutual consent, economic capability, and the principle of simplicity (taysir), so that it does not hinder the objectives of marriage in Islam.

Marriage in Islamic law constitutes a sacred covenant (mīthāqan ghalīẓan) that carries theological, social, and juridical dimensions. Within this framework, the guardian (walī nikāḥ) plays a pivotal role whose legal status has long been contested across Islamic jurisprudential schools. This study examines the authority of the marriage guardian from three analytical layers: its doctrinal construction across the four major madhabs, its codification in Indonesian positive law, and its practical implementation in religious court jurisprudence. Employing a normative legal research method, this study draws on conceptual, statutory, and case approaches, with primary legal materials comprising Qur’anic verses, prophetic traditions, Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and Ministerial Regulation (PMA) No. 30 of 2024. The findings reveal fundamental differences among the madhabs: the Shāfi‘ī, Mālikī, and Ḥanbalī schools treat the guardian as an essential pillar (rukun) of the marriage contract, whereas the Ḥanafī school views guardianship as a complementary element based on the concept of legal capacity (ahliyyah). Indonesian positive law, through Article 19 of the KHI, adopts the Shāfi‘ī position by designating the guardian as an obligatory rukun. The study further finds that the mechanisms of walī ‘aḍal (recalcitrant guardian) and wakalah al-walī (delegation of guardianship) serve as legal instruments that reconcile formal-procedural requirements with practical social needs, thereby affirming that guardianship norms function both as a religious requirement and as a state-administered mechanism for protecting women’s rights in marriage.

Cohabitation—defined as the practice of two unmarried individuals living together in an intimate relationship—presents a growing normative challenge in Indonesian society, which maintains a theistic constitutional foundation while navigating rapid social change. This article examines cohabitation through three juridical lenses: first, the regulatory architecture through which Indonesian law prohibits cohabitation; second, the criminalization framework established under Law Number 1 of 2023 on the National Criminal Code; and third, the practical and theoretical problems that emerge in law enforcement. Employing a normative legal research methodology that integrates statutory, conceptual, and comparative approaches, this study finds that prohibitions against cohabitation are embedded across multiple regulatory layers—spanning marriage law, customary law, codified Islamic law, and regional legislation. The National Criminal Code, through Articles 412 and 413, introduces for the first time an explicit criminalization of cohabitation within Indonesia's post-independence penal codification. Nevertheless, the complaint-based offense structure, evidentiary challenges, and persistent tension between formal norms and social realities produce a substantial implementation gap. The study concludes that legal effectiveness in addressing cohabitation requires coordinated action across criminal enforcement, family institution strengthening, and sustained legal literacy programs.

The annulment of a marriage certificate as a product of state administrative law creates complex juridical issues concerning the legality of marriage administration, protection of civil rights, and legal certainty within society. This study aims to analyze the legal consequences of the annulment of Marriage Certificate Number 0026/26/I/2020 in the Decision of the Bandar Lampung State Administrative Court Number 15/G/2023/PTUN.BL and to examine the judges’ considerations from the perspective of siyasah qadha’iyyah. This research employs a normative juridical method using statutory, case, and conceptual approaches within Islamic political jurisprudence. Data sources were obtained from court decisions, legislation, classical Islamic legal texts, and relevant scientific journals. The findings indicate that the annulment of a marriage certificate revokes the administrative legal force of the marriage registration but does not automatically invalidate the marriage contract under Islamic law as long as the pillars and conditions of marriage are fulfilled. The decision demonstrates that the State Administrative Court has authority to examine the administrative aspects of marriage certificate issuance but lacks authority to determine the substantive validity of the marriage itself. From the perspective of siyasah qadha’iyyah, the judges’ decision reflects the implementation of justice, public benefit, legal certainty, and supervision over state administrative officials. This study emphasizes the necessity of strengthening marriage administration systems based on good governance principles and maqashid al-shari’ah to prevent administrative legal disputes in marital affairs.

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

From the perspective of criminal liability theory, criminal policy, and Islamic law, sexual gratification is a form of corruption. According to positive criminal law, a person can only be held liable when three essential elements are fulfilled: an unlawful act, culpability (dolus or culpa), and the capacity for responsibility. However, in the context of public office, sexual gratification constitutes an unlawful act because it involves the acceptance of non-fina. Since the acceptance of sexual services within a power relationship usually indicates awareness of reciprocal policy gains, purpose (dolus) is frequently dominating. From the perspective of criminal policy, the restriction of sexual gratification reflects the growth of corruption as a white collar crime—a term coined by Edwin H. Sutherland—where abuse of power encompasses intangible rewards in addition to monetary transfers. According to Islamic law, sexual enjoyment constitutes two violations: it may be considered risywah (bribery) because of its transactional motive, and it may also be considered jarimah zina if it takes place outside of a legally recognized marriage. Such behaviors compromise the protection of property, ancestry, and religion through the framework of maqāṣid al-sharī‘ah developed by Abu Ishaq al-Shatibi in Al-Muwafaqat. The study comes to the conclusion that in order to guarantee accountability, protect public integrity, and promote social welfare, it is imperative to develop legal interpretation and evidential procedures.

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

This study examines the prohibition of marriage based on the babisiak oath in Nagari Lunto, Lembah Segar District, Sawahlunto City, from the perspective of Sadd al-Dzari’ah and the views of Generation Z. The babisiak oath is a traditional vow made by previous ninik mamak (customary elders) declaring that members of the Buo Bungo tribe and the Kutia Anyia Bawah tribe are forbidden to marry, as the elders had sworn a brotherhood bond known as batali budi. This research employs a qualitative field research approach. Data were collected through in-depth interviews with the Head of the Kerapatan Adat Nagari (KAN) of Lunto Village and several Generation Z members residing in the area. The collected data were analyzed using descriptive and qualitative methods. The findings indicate that, from the perspective of Sadd al-Dzari’ah, the marriage prohibition falls into the third category, namely a permissible act that has a strong potential to cause harm. Allowing such marriages could reopen historical conflicts, expose past grievances between the tribes, and potentially lead to social or physical disputes. Furthermore, Generation Z’s perspectives on the prohibition can be classified into three groups: those who remain obedient to the custom, those who hold a moderate stance, and those who tend to reject the prohibition. Despite these differences, most Generation Z respondents acknowledge that the babisiak oath has historical and social value that deserves preservation. However, they also emphasize the need to reinterpret its implementation in the contemporary context to prevent conflicts between customary law, Islamic legal principles, and individual freedom.

Early marriage is a social phenomenon that still frequently occurs in Indonesia and gives rise to various problems, both from the perspective of state law and socio-religious aspects. From the standpoint of state regulations, early marriage is considered a violation of statutory provisions, particularly the Marriage Law, which stipulates a minimum legal age for marriage in order to protect children's rights. This practice results in various negative impacts, including increased health risks for mothers and children, disruption of educational attainment, economic instability within families, as well as high rates of divorce and domestic violence. From the perspective of Islamic law, early marriage is not absolutely prohibited; however, Islam strongly emphasizes the principles of public welfare (maṣlaḥah), physical and mental readiness, and responsibility in establishing a household. Therefore, Islamic legal solutions to early marriage as a violation of state regulations can be implemented through the maqāṣid al-sharī‘ah approach, which aims to protect life, intellect, and lineage, as well as by supporting state regulations intended to safeguard the rights and welfare of children. Consequently, synergy between Islamic law and state law is essential in preventing early marriage and in creating a healthy and just family structure.

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.