Tag: Islamic family law

  • The Dynamics of Underage Marriage: An Empirical Socio-Legal Study at the Religious Affairs Office of Simo, Boyolali, Indonesia

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    Underage marriage remains a persistent socio-legal challenge in Indonesia despite the establishment of nineteen as the statutory minimum marriage age. This study examines the implementation of underage marriage at the Religious Affairs Office (KUA) of Simo, Boyolali, analyses its driving factors and consequences, and evaluates the institutional role of the KUA in addressing the practice. Employing a normative-empirical socio-legal approach, the study integrates statutory analysis with field evidence obtained through semi-structured interviews, observation, and institutional documentation. The findings demonstrate that underage marriage occurs through two principal pathways: court-authorised marriage dispensation followed by formal registration and religious marriage conducted prior to, or outside, the formal registration process. The practice is driven by the interaction of economic hardship, educational discontinuity, cultural expectations, premarital relationships and pregnancy, partial religious understandings, and individual preference. Its consequences include disrupted education, economic insecurity, psychological immaturity, reproductive-health vulnerability, and marital instability. Although the KUA effectively performs legal gatekeeping through age verification, registration control, premarital guidance, and institutional coordination, its preventive capacity remains limited where social practices precede or bypass formal legal procedures. These findings imply that underage-marriage prevention requires an integrated intervention involving legal institutions, schools, health services, village authorities, religious leaders, and families. The study contributes original empirical evidence by locating the regulatory-practice gap at the local institutional level and by demonstrating the relevance of integrating socio-legal analysis with a maqasid al-shariah-oriented child-protection framework.

  • Administration and Religious Dilemma: Implementation of SPTJM in the Heart of Minangkabau (Case Study of Harau District)

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    Unregistered marriages (nikah siri) remain a significant social phenomenon in the Minangkabau community, particularly in Harau District, Lima Puluh Kota Regency, West Sumatra. To address administrative barriers for children from these marriages, the government implemented the Absolute Statement of Responsibility (SPTJM) policy based on Minister of Home Affairs Regulation Numbers 108 and 109 of 2019, which allows for the inclusion of “Unregistered Marriage” status on Family Cards (Kartu Keluarga) and the issuance of complete birth certificates. This study analyzes the effectiveness of SPTJM implementation in Harau District and the dilemmas it raises from a maqasid sharia perspective, focusing on hifz al-nasl (protection of offspring) and hifz al-mal (protection of property). Using a qualitative juridical-empirical approach, data were collected through semi-structured interviews with couples using SPTJMs, those involved in unregistered marriages, employees of the Civil Registration Office (Disdukcapil), the Office of Religious Affairs (KUA), the Religious Court, and religious leaders, complemented by source and method triangulation. The research results show that the SPTJM effectively provides beneficial benefits in the form of quick and affordable access to children’s administrative rights (identity, education, health, and social assistance), thus partially supporting hifz al-nasl. However, this policy creates more dominant long-term benefits, such as substantive legal uncertainty (difficulties in claiming inheritance and joint property), socio-customary conflicts (stigma and disputes over high inheritance rights in the Minangkabau matrilineal system), and a decline in interest in marriage confirmations, which weaken the obligation for official registration (Article 7 of the Compilation of Islamic Law). This article concludes that there is a dilemma between temporary administrative benefits and long-term damage to Islamic family law. The proposed recommendation is synergy between institutions (Disdukcapil, KUA, Religious Courts, and traditional leaders) through an affordable mass marriage confirmation program and outreach based on the maqasid sharia (Islamic principles) to maximize the necessities of life and minimize the mafsadah within the Minangkabau indigenous community.