Analisis Kekerasan Terhadap Anak

Child abuse is a serious issue with lasting impacts. While positive law provides legal protections for children, its implementation faces challenges. In Islamic tradition, fiqh from the four major schools of thought—Maliki, Shafi'i, Hanbali, and Hanafi—also offers guidelines for child protection. This study explores the integration between positive law and fiqh to enhance child protection. Using a qualitative, library research method, the research examines whether Indonesian legislation aligns with the views of these schools. The findings reveal both alignments and differences. Positive law offers a clear legal framework, while fiqh provides a moral and religious foundation that supports the social and ethical dimensions of child protection. Integrating these perspectives can lead to a more holistic approach, combining legal rigor with religious principles to safeguard children's rights. This collaboration may strengthen child protection strategies by being more adaptive to socio-cultural contexts, offering a comprehensive solution to combat child abuse and ensure children's rights are effectively protected.

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Publication Details

Journal
El-Faqih Jurnal Pemikiran dan Hukum Islam
Published
2024-10-07
DOI
https://doi.org/10.58401/faqih.v10i2.1402
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Analisis Kekerasan Terhadap Anak

Ashfiya Nur Atqiya, Ahmad Muhammad Mustain Nasoha, Alvito Renaldi, Asy Syfak Qolbi Maghfur
El-Faqih Jurnal Pemikiran dan Hukum Islam
Legal and Social Justice Studies
article

Analisis Kekerasan Terhadap Anak

Ashfiya Nur Atqiya, Ahmad Muhammad Mustain Nasoha, Alvito Renaldi, Asy Syfak Qolbi Maghfur
article en

Abstract

Child abuse is a serious issue with lasting impacts. While positive law provides legal protections for children, its implementation faces challenges. In Islamic tradition, fiqh from the four major schools of thought—Maliki, Shafi'i, Hanbali, and Hanafi—also offers guidelines for child protection. This study explores the integration between positive law and fiqh to enhance child protection. Using a qualitative, library research method, the research examines whether Indonesian legislation aligns with the views of these schools. The findings reveal both alignments and differences. Positive law offers a clear legal framework, while fiqh provides a moral and religious foundation that supports the social and ethical dimensions of child protection. Integrating these perspectives can lead to a more holistic approach, combining legal rigor with religious principles to safeguard children's rights. This collaboration may strengthen child protection strategies by being more adaptive to socio-cultural contexts, offering a comprehensive solution to combat child abuse and ensure children's rights are effectively protected.

El-Faqih Jurnal Pemikiran dan Hukum IslamVol. 10(2)
Sebelas Maret University (ID), UIN Raden Mas Said Surakarta
Peace, Justice and strong institutions
Openalex Percentile: Top 68%
Legal and Social Justice Studies
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Analisis Kekerasan Terhadap Anak — Ashfiya Nur Atqiya, Ahmad Muhammad Mustain Nasoha, et al. · El-Faqih Jurnal Pemikiran dan Hukum Islam (2024) | TGRS Research Map | TGRS