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All Journal Al-'Adalah Jurnal Komunikasi Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Intizar Al-Ihkam: Jurnal Hukum dan Pranata Sosial Usroh: Jurnal Hukum Keluarga Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam AT-TURAS: Jurnal Studi Keislaman Ta'zir: Jurnal Hukum Pidana
Arne Huzaimah, Arne
Universitas Islam Negeri Raden Fatah Palembang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Al-Ihkam: Jurnal Hukum dan Pranata Sosial

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Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective Qodariah Barkah; Arne Huzaimah; Siti Rochmiyatun; Andriyani; Zulmi Ramdani
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v17i2.6725

Abstract

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.
Co-Authors Agus Bambang Nugraha Akhmad Sukris Sarmadi Andriyani Andriyani Aziz, Syaiful Hijriyana Safithri Indra Prayoga Irma Oktaviani Jalaluddin Jalaluddin karimuddin Lahmudinur Lahmudinur M Tamudin Muhammad Abdillah Muhammad Oki Nugroho Napisah Napisah Nur Quma Laila Oki Nugroho, Muhammad Qodariah Barkah Silfa Afriyani Siti Rochmiyatun Syaiful Aziz Tri Marhaeni Puji Astuti Zulmi Ramdani