Reconsidering Legal Protections for Child Marriage Victims: A Maqasid Shariah Perspective

This study aims to analyze the legal protection of victims of domestic violence (KDRT) that occurs due to underage marriage in North Sulawesi through the perspective of Maqasid Sharia. The research method used is qualitative with a juridical-empirical approach, collecting data through in-depth interviews with victims of domestic violence, law enforcement officials, and religious leaders, as well as document analysis from related institutions. The results of the study show that the implementation of legal protection for victims of domestic violence in child marriage is still weak due to social stigma, lack of training of officials, and low public legal literacy. The Maqasid Sharia approach emphasizes the protection of individual souls, intellect, and honor as the main principles for handling domestic violence cases in child marriage. This study recommends increasing legal awareness, training on gender issues for officials, and strengthening cross-agency collaboration to create a more effective protection system. These findings are expected to enrich the literature and contribute to the development of policies for the protection of victims of domestic violence in Indonesia.

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Publication Details

Journal
Al-Mujtahid Journal of Islamic Family Law
Published
2025-06-27
DOI
https://doi.org/10.30984/ajifl.v5i1.3477
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Reconsidering Legal Protections for Child Marriage Victims: A Maqasid Shariah Perspective

Al-Mujtahid Journal of Islamic Family Law
Marriage and Family Dynamics
article

Reconsidering Legal Protections for Child Marriage Victims: A Maqasid Shariah Perspective

article en

Abstract

This study aims to analyze the legal protection of victims of domestic violence (KDRT) that occurs due to underage marriage in North Sulawesi through the perspective of Maqasid Sharia. The research method used is qualitative with a juridical-empirical approach, collecting data through in-depth interviews with victims of domestic violence, law enforcement officials, and religious leaders, as well as document analysis from related institutions. The results of the study show that the implementation of legal protection for victims of domestic violence in child marriage is still weak due to social stigma, lack of training of officials, and low public legal literacy. The Maqasid Sharia approach emphasizes the protection of individual souls, intellect, and honor as the main principles for handling domestic violence cases in child marriage. This study recommends increasing legal awareness, training on gender issues for officials, and strengthening cross-agency collaboration to create a more effective protection system. These findings are expected to enrich the literature and contribute to the development of policies for the protection of victims of domestic violence in Indonesia.

Al-Mujtahid Journal of Islamic Family LawVol. 5(1)
Institut Agama Islam Negeri Bengkulu (ID), IAIN Kudus (ID)
Gender equality
Openalex Percentile: Top 37%
Marriage and Family Dynamics
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