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All Journal Al-Manahij : Jurnal Kajian Hukum Islam Al-Istinbath: Jurnal Hukum Islam
Edy Setyawan
Institut Agama Islam Negeri Syekh Nurjati Cirebon
Religion Law, Crime, Criminology & Criminal Justice

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Legal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia Edy Setyawan; Muhammad Chairul Huda; Afif Muamar; Didi Sukardi; Muhammad Feby Ridho Pangestu
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i2.9506

Abstract

This research aims to identify the impact of the change in legal policy on the protection of human rights and gender equality. This research analyzes the relationship between the aspects influencing legal changes regarding the legal age of marriage in Indonesia from a gender perspective and the SDGs. This study employed a qualitative approach that is based on library research to identify the impact of changes in legal policy. This study also used a juridical approach to capture an overview of Indonesian family law policies as stipulated in the Law Number 16 of 2019 with maslahah theory and Philipus M. Hadjon’s theory of legal protection as the analytical framework. The research results: First, it was found that the issue of the minimum legal age of marriage is part of the legal discovery area, which resulted in the emergence of Law Number 16 of 2019. Second, the gender movement in Indonesia has played a significant role in changing the paradigm of family law towards a more progressive view and a more protective to women’s rights. The integration of Hadjon’s theory of legal protection strengthens the analysis of the impact of changing legal policies on individual rights and gender equality.
Transformation and Sustainability of Livelihoods in Muslim Families Ahmad Alamuddin Yasin; Adang Djumhur Salikin; Aan Jaelani; Edy Setyawan
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6722

Abstract

From the perspective of classical scholars, the only things that constitute a livelihood are clothes, food, and lodging. According to traditional scholars, the husband is not responsible for taking care of the family's health, education, or any essential needs except clothing, food, and shelter. Wives frequently demand goods that are not even primary needs, which causes complications. The implementation of a living is not in accordance with the notions of classical fiqh since of course how individuals see how to provide for themselves has changed through time. The implementation of maintenance in Islamic families in Indonesia and the causes that cause different maintenance implementations will be the main topics of this study. Therefore, this study aims to analyze the transformation of livelihood in Muslim families. Multiple case studies, also known as collective case studies, are used in this study. Primary and secondary data sources were used to gather the data. Data reduction, data presentation, and data verification were used in the data analysis process. According to the study's findings, although life was once thought of as a gift a husband gave to his wife and only addressed a few basic necessities, it is no longer the same. The findings of this study offer a notion of five changes in livelihood. Specifically, transformation and continuation of the definition of subsistence, transformation and continuation of subsistence customs, transformation and continuation of subsistence forms, and transformation and continuation of subsistence processes.
Co-Authors Aan Jaelani Adang Djumhur Salikin Afif Muamar Didi Sukardi Huda, Muhammad Chairul Muhammad Feby Ridho Pangestu Yasin, Ahmad Alamuddin