Justicia Religia

The Implementation of the Preventive Role of the Office of Religious Affairs (KUA) in Preventing Early Marriage Resulting from Premarital Pregnancy

2026-06-01T15:49:33+00:00

The phenomenon of early marriage resulting from premarital pregnancy among adolescents remains a social issue that requires serious attention from various parties, including the Office of Religious Affairs (KUA). This study aims to analyze the actual role of the KUA in efforts to prevent early marriage resulting from premarital pregnancy among adolescents in Gudo Subdistrict, Jombang Regency. This study employs a qualitative research method with an empirical-juridical approach. Data collection techniques were conducted through interviews, observations, and documentation involving the KUA, religious counselors, and relevant community members. The data obtained were analyzed descriptively through the stages of data reduction, data presentation, and drawing conclusions. Research findings indicate that the KUA plays a strategic role in preventing early marriage through religious counseling programs, premarital guidance, outreach on the legal marriage age, and support for adolescents and parents. In addition, the KUA also coordinates with community leaders and educational institutions to provide education on the negative impacts of early marriage. Nevertheless, prevention efforts still face several obstacles, such as low public awareness, the influence of promiscuity, as well as economic and educational factors. Therefore, strengthened collaboration between the KUA, families, schools, and the community is needed to reduce the rate of early marriage among adolescents.

The Implementation of Post-'Iddah Revocation Law from the Perspective of Islamic Jurisprudence and the Compilation of Islamic Law: A Study of KUA Gudo Jombang Administration

2026-06-03T06:37:34+00:00

This study examines the practice of post-iddah reconciliation from the perspective of Islamic jurisprudence and the Compilation of Islamic Law (KHI), based on a study conducted at the Office of Religious Affairs (KUA) in Gudo Subdistrict, Jombang Regency. The research problem stems from the discovery of reconciliation requests filed after the iddah period has ended, even though under Islamic law, the right to reconciliation applies only during the iddah period of a raj‘i divorce. Once the iddah period is over, the marital relationship changes to talak bain sughra, so that in order to reunite, a new marriage contract must be performed. This study aims to analyze the provisions regarding post-iddah reconciliation according to Islamic jurisprudence and the Compilation of Islamic Law, as well as to examine the practices of handling such cases at the KUA in Gudo, Jombang. This study employs a qualitative approach using a juridical-empirical research design. Data were collected through interviews, observations, and documentation involving the Head of the KUA, marriage officiants, and administrative staff. Data analysis was conducted through the stages of data reduction, data presentation, and the drawing of conclusions using a descriptive-analytical approach. The results of the study indicate that remarriage after the end of the iddah period does not have legal validity as a remarriage; rather, it must be carried out through a new marriage contract in accordance with the provisions of fiqh and the KHI. Practices at the Gudo KUA show that officials have directed couples to perform a new marriage contract to ensure legal certainty and the protection of civil rights.

Child Marriage from the Perspective of Child Protection and Judicial Practice: A Juridical Analysis of Marriage Dispensation

2026-06-01T15:51:56+00:00

Child marriage in Indonesia raises complex legal questions at the intersection of religion, statutory regulation, family pressure, and the constitutional duty to protect children. This article re-examines marriage dispensation as a legal exception in Indonesian family law and asks how judicial reasoning can move from formal legality to substantive child protection. The study uses normative juridical research through statutory, conceptual, and library approaches. It analyzes marriage-age regulation, child-protection norms, PERMA No. 5 of 2019, Islamic legal maxims, and selected scholarship on marriage dispensation. The novelty of the article is a child- protection and maqashid-oriented framework for judicial consideration. The framework requires judges to test urgency, evidence, the child's autonomy, educational continuity, health risks, psychological readiness, coercion, and post-decision protection. The discussion indicates that religious arguments, legal maxims, statutory provisions, and social facts may inform judicial reasoning, but all must be subordinated to the best-interests-of-the-child principle. The article concludes that marriage dispensation should remain a strict exception supported by expert assessment and monitoring.

An Islamic Legal Analysis of the Ngemblok Tradition in Mentoro Village: A Study from the Perspective of Fathul Qorib

2026-06-03T16:10:52+00:00

The Ngemblok Tradition in Mentoro Village, Tuban Regency, is a marriage proposal practice initiated by the female party toward the male party, which differs from the conventional practice of khitbah commonly found in Muslim communities. This study aims to analyze the implementation of the Ngemblok tradition and examine its relevance to the concept of khitbah in the Book of Fathul Qorib and the perspective of Islamic law. This research employs a qualitative method with a socio-juridical approach through a field case study. Data were collected through observation, in-depth interviews with four informants selected using purposive sampling techniques, and documentation. The research informants consisted of the Head of Mentoro Village, religious figures, and practitioners of the Ngemblok tradition. The findings reveal that the Ngemblok tradition is carried out through family deliberation and involves community leaders to preserve the values of propriety, harmony, and mutual respect between families. The analysis of the Book of Fathul Qorib indicates that although khitbah is described as a proposal initiated by the male party toward the female party, there is no explicit provision prohibiting women from proposing marriage to men. Based on the principle of al-'adah al-muhakkamah, the Ngemblok tradition can be categorized as 'urf shahih because it has become an accepted custom within the community, does not contradict the principles of Islamic law, and provides benefits in the process of establishing a family. The novelty of this study lies in its analysis of the Ngemblok tradition by directly connecting it with the concept of khitbah in the Book of Fathul Qorib and the principle of al-'adah al-muhakkamah as a basis for legitimizing customary practices within Islamic law.

A Fiqh Mu‘amalah Perspective on the Implementation of Amanah, ‘Ariyah, Wadi‘ah, and Luqatah Contracts

2026-06-01T16:31:42+00:00

This study aims to analyze the implementation of Amanah, ’Ariyah, Wadi’ah, and Luqathah contracts from the perspective of fiqh muamalah and to examine their conformity with Islamic legal principles. This research employs a qualitative approach using library research, drawing on sources such as the Qur’an, Hadith, classical fiqh muamalah literature, and verified national academic journals. Data were collected through literature review and analyzed using a descriptive-analytical method. The findings indicate that the Amanah contract serves as a fundamental principle requiring honesty and responsibility in all muamalah transactions. The ’Ariyah contract, as a non-profit loan agreement, is considered valid under Islamic law provided that its pillars and conditions are fulfilled. The Wadi’ah contract, which involves safekeeping of property, has undergone development in contemporary practice, particularly within Islamic financial institutions, leading to a shift from its classical concept to more adaptive forms. Meanwhile, the concept of Luqathah functions as a legal mechanism to protect property rights through the regulation of lost-and-found items in accordance with Islamic law. This study concludes that these four contracts remain relevant in modern muamalah practices as long as their implementation adheres to the principles of justice, trustworthiness, and responsibility as prescribed in fiqh muamalah