Judicial Invalidation of Ithbāt Nikāḥ Underage in the View of Religious Court Judges in Madura

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.

Institutions, have raised serious issues regarding the civil rights of children born from these marriages. Although siri marriages are considered religiously valid, the non-registration of these marriages in the state civil registration system means that children born from them face difficulties in obtaining civil rights such as recognition of their status as legitimate children, inheritance rights, and clear identity. In this context, civil registration is crucial to ensure that children's civil rights are secured. This research examines the impact of siri marriages on children's civil rights, by linking maqasid sharia principles and civil registration regulations in Indonesia. Maqasid sharia, which focuses on the protection of religion, soul, mind, offspring and property, provides the basis for the protection of children's rights, including civil rights that are not tied to the parents' marital status. This research also proposes changes or updates in Indonesia's civil registration regulations to accommodate the social and cultural conditions related to siri marriage. An approach that integrates sharia principles with state regulations is expected to provide a more inclusive solution to ensure the rights of children born from siri marriages are protected.

The regional regulation number 10 in 2010 talks about the implementation of an integrated population administration. This instruction is a type of a Cianjur District government’s legal breakthrough in terms of the manifestation of an access into justice by marriage certificate (isbat nikah). This rule is due to the phenomenon of unregistered marriage certificate (nikah siri) caused by diverse factors. Here, three organizations collaborate in establishing this marriage certificate. They are Religious Courts, Ministry of Religious Affairs, and Department of Population and Civil Registration. This certificate marriage helps fulfil the basic rights of children and those of family of unregistered-marriage-certificate couples. For example, they have some important documents, such as marriage book, family card, birth certificate, and children’s identity card.

Child protection is a crucial aspect in realizing social justice, especially in families experiencing divorce. In the context of Islamic economics, there are principles such as justice (al-'adl), public good (maslahah), and preservation of the soul (hifz al-nafs) that are relevant in protecting children's rights. This study aims to analyze the role of religious courts in realizing Islamic economic justice for children who are victims of divorce, who are often the main caregivers of the family. This study uses a qualitative method with a case study approach, where data was collected through document analysis from religious courts and data from the Indonesian Child Protection Commission (KPAI) until September 2023. Divorce data in Central Kalimantan in 2023 shows that continuous disputes and quarrels are the main causes of divorce, which have the potential to impact violations of children's rights, such as access to meet parents and fulfillment of sustenance. Domestic violence (KDRT) that causes divorce is also related to cases of physical and psychological violence against children, as reported by the KPAI. These findings indicate that divorce and domestic violence contribute to the increasing cases of children being victims of violence and rights violations. The results of the study show that religious courts have a significant role in ensuring that children's rights are met, especially in aspects of care, education, and health. Decisions made by religious institutions are often based on Islamic economic principles that emphasize holistic child welfare. In addition, religious courts also function as guardians of children's civil rights, ensuring that they are not only protected from physical and psychological violence, but also have access to proper education and health services. This study emphasizes the importance of the role of religious courts in upholding justice for children who are victims of divorce, in accordance with the principles of Islamic economics.

The management of birth certificates for legitimate children and children outside of marriage, at the Medan City Civil Registry Service is divided into 2 (two), namely birth certificates based on the age of birth from 0 to 60 days of age and 60 days of age and above. The procedure and terms of the birth certificate legitimate child is m engisi form and attach a photocopy of ID card of parents , family card , birth certificate , marriage certificate (Akt, a marriage) , KTP witnesses and to children outside the mating plus a statement of absolute liability on the truth of p a husband and wife and the correctness of birth data. The implementation of the requirements and procedures for issuing birth certificates for children outside of wedlock, if linked to the implementation theory of the content of policy put forward by Merilee S. Grindle, and connected with the theory of human rights, namely the positivist theory , is already dilaksanakan.Hambatan issuance of birth certificates of children outside the mating according to respondents in Dukcapil no barriers, but by the community respondents had hambatan.Mengatasi constraints, Department of Population and Civil Registration Medan city has a network of internet on line that most links in the whole Indonesia, and put up an information board. The conclusion is that the procedures and requirements for the issuance of birth certificates for legitimate and unmarried children as civil rights of children at the Medan City Civil Registry Office have been carried out in accordance with the Child Protection Law, Population Administration Law, Presidential Decree No. 12 of 1983, and Per p res No. 96 of 2018. Suggestions for the government should be to implement a policy not to charge fees and to simplify services in the management and issuance of birth certificates for children, especially children outside of wedlock, so that the civil rights of children outside of marriage to have birth certificates can be fulfilled. Keyword : Birth Certificates Excluding Married Children , Office of Population and Civil Registration Medan

Population administration in Indonesia involves managing various aspects such as birth, marriage, death and identity. These records ensure legal identity and facilitate access to public services. In Sikka district, there is a significant shortage of birth certificates and marriage certificates with 52.83% of the population not having birth certificates by 2023 and 46.40% of married couples not having marriage certificates. This Policy Paper aims to achieve birth certificate and marriage certificate registration coverage in Sikka District by 2024 and develop policy recommendations to improve coverage. A quantitative approach is used to analyze the percentage of birth certificate and marriage certificate processing in 2023. In-depth interviews with civil registration officers and residents to identify challenges and perceptions related to the registration process were also conducted. The results of the analysis show that there is a significant gap in the ownership of birth certificates and marriage certificates in various sub-districts in Sikka district with contributing factors including many people not realizing the importance and benefits of having these documents, remote areas facing difficulties accessing civil registration services, the cost of going to the civil registry office is high and traditional/customary practices over legal documentation. To address this, the policy recommendations are the Sikka Regent Decree on the ASANTT application follow-up work plan and establishing mobile registration units and increasing the number of registration offices in remote areas.

Based on Minister of Home Affairs regulations No. 108 and No. 109 of 2019, unregistered (siri) marriage couples can now record their marriage in the Family Card. This article aims to analyze the policy of issuing Family Cards for unregistered marriage couples using the Islamic jurisprudence (ushul fiqh) approach. This article is a literature study, with data sourced from the Minister of Home Affairs regulations and various related literatures. The obtained data is then analyzed using a normative-philosophical approach, specifically ushul fiqh theories such as the concepts of public interest (maslahah) and preventing harm (adz-dzari�ah). The article argues that in every policy, there will be potential benefits (maslahah) and harms (mudharat). In the policy of recording unregistered marriages, the government needs to close the means that cause harm (saddu al-dhariah) to ensure this policy is not interpreted as a form of legalizing unregistered marriages. The government also needs to open the means that lead to benefits (fathu al-dhariah) so that the goal of fulfilling children's civil rights with the basis of having a birth certificate, and the purpose of the Marriage Law, namely the validity of marriage, can be achieved through the use of unregistered marriage data for expediting the marriage legalization process (itsbat nikah) in Religious Courts. The conclusion of this article is that to achieve the ideal policy objectives, aspects of benefits and harms need to be considered. This article contributes to understanding state policies from the perspective of ushul fiqh and indicates that it remains a relevant approach.

Article 14 of the U.N. Convention on the Rights of the Child (CRC) affirms the child's right to freedom of thought, conscience, and religion. It requires parties to the Convention to respect the parents' right to provide direction to their children. Article 14 also limits a child's civil rights as necessary for the freedom and protection of others. Article 14 of the Convention closely resembles Article 18 of the Universal Declaration of Human Rights (UDHR) and Article 18 of the International Covenant on Civil and Political Rights (ICCPR), which uphold the right to freedom of thought, conscience, and religion for everyone. In implementing the Convention, the Committee on the Rights of the Child has never interpreted Article 14 to restrict the parent's ability to bring a child up in the parent's religion. Rather, the Committee has focused on protecting the child's civil rights against interference from the government.Keywords: Article 14; child's civil rights; CRC; freedom of conscience; freedom of religion; freedom of thought; ICCPR; Universal Declaration of Human Rights (UDHR)

Early marriage remains a social issue occurring in various regions, including Golo Kondeng Village, West Manggarai Regency, East Nusa Tenggara Province. This study aims to examine the form of legal protection afforded to the status of children born from early marriages conducted based on local customary law. This research employs a qualitative approach with a case study method, collecting data through in-depth interviews with community leaders, parents, and relevant village authorities. The findings indicate that early marriage practices in Golo Kondeng Village are influenced by several factors, including cultural values, family economic conditions, and the community’s level of education. Although existing laws—such as Law Number 16 of 2019, which amends Law Number 1 of 1974 on Marriage by establishing the minimum marriage age at 19 for both men and women, and Law Number 35 of 2014 on Child Protection—clearly regulate the legal age for marriage, the reality shows that early marriages continue to occur, often neglecting the fulfillment of children’s rights. The current legal protections are not yet fully effective in securing the legal status of these children, both in terms of civil and social rights. Based on these findings, this study recommends enhancing legal education and outreach to the community regarding marriage laws and children's rights. In addition, the active involvement of traditional leaders and local government is considered essential in addressing the issue of early marriage. It is hoped that through these efforts, children born from early marriages can receive adequate legal protection and have their rights fully fulfilled.

The government, in ensuring children's identity rights, has issued a policy regarding the issuance of family cards for unregistered marriages. This policy facilitates access to birth certificate registration for children from unregistered marriages. However, in practice, the implementation of this policy has sparked issues among judges and marriage registrars. The research was to analyze the debates surrounding the state legal policy on the issuance of family cards for couples in unregistered marriages in an effort to protect the civil rights of Muslim children. The study was an empirical legal research with a socio-legal approach. Primary data was obtained from legal officials from the KUA and religious courts in Kediri to describe the debates surrounding this regulation, which were then analyzed using the theory of contestation. The findings of this study indicated that children's rights in Islamic families include administrative rights as citizens and inherent rights as members of the Muslim family. The policy regulating the issuance of family cards for couples in unregistered marriages has become a polemic among Islamic legal officials, such as religious court judges, headmen, and KUA officials because it is seen as conflicting with the established Islamic family marriage rules in Indonesia. The meeting point between the two has not yet fully matured, as Islamic legal officials seek clearer regulations, emphasizing that couples in nikah siri should immediately conduct isbat nikah at the Religious Court.

The Marriage Law stipulates that marriages that occur must be recorded by an authorized official. If you have not registered your marriage, you can apply to the Religious Courts for Muslims. The Marriage Law stipulates the age requirement for marriage as one of the requirements for marriage. Underage marriages to be carried out must obtain dispensation permission from the Court. Marriages are often carried out under the hands without regard to the terms of the marriage. For example, the application for itsbat marriage against underage marriages without a marriage dispensation that occurs in the Religious Courts. The purpose of this study was to determine and analyze the validity and legal consequences of itsbat marriage on underage marriages without a marriage dispensation in terms of Marriage Law and Islamic Law. This study uses a normative juridical approach with analytical descriptive specifications. The data collection technique used is by conducting library research and field studies through interviews with related sources. The analytical method used is juridical qualitative. The absence of a marriage dispensation does not affect the validity of an underage marriage. Underage marriages without a marriage dispensation can be legalized in the Religious Courts by taking into account the conditions for itsbat marriage. Underage marriages without a marriage dispensation that have been legalized in the Religious Courts will have the same legal consequences as marriages in general. The marital status will have permanent legal force as evidenced by obtaining a Marriage Certificate Quotation

India grapples with its child marriage challenge

The birth of a child is a gift and the happiness of parents. The birth is an important event in population administration. Each child must get clear and correct self identity. Birth certificate is an identity form of a child that needs to do by parents as a protection form for the child. The parents’ understanding about birth certificate is still lacking especially in partner village. The condition creates an idea to do a law education and accompaniment to make birth certificate with involves the role of village official, provision districts and related agencies.
 The used method is delivered the material by tutorial lecture to the society by bringing Department of population and civil registration in making birth certificate by involving village official, provision districts and society to find the policy form to protect child with clear and correct self identity. The next stage is accompaniment in making birth certificate and cooperation all materials to the ownership of child as a protection for the children.
 The result of service shows creating an understanding of partner society in the ownership of birth certificate and the protection form of the child status and the marriage status, and the fulfillment of other requirement in making certificate as the guide book. The result of accompaniment and cooperation in Department of population and civil registration succeed to publish 61 marriage certificate from 67 couples which presents with 2 witnesses when notes in Department of population and civil registration from 123 application marriage certificate submitted. Next form the marriage certificate submitted to publish of birth certificate. The birth certificate which succeeds to be published 107 birth certificate from 162 application birth certificate submitted by society. The failure of submitted certificate because the lack of data, lack of requirement, the discrepancy data, and published the birth certificate.

The rights of the child all over the world are considered to be very important. But forces and early marriages have become some of the ways the rights of children are being abused. This paper aimed at shedding more light on why children are victims of forced and early marriages and the effects and consequences of such marriages on the child and the society. The analyses employed Critical Discourse Analysis (CDA) framework. Data gathered both from the primary and secondary sources were analyzed through the hermeneutical, descriptive and analytical methods. The findings of this paper are that early and forced marriages have harmful developmental, psychological and physical consequences on the child; have negative effects on the society and the Nation at large; that scriptural assertions, in defense, are mere manipulative ideas to cover up moral failures; and that whatever reason is given for child marriage, the disastrous effects on the victims outweigh them and undoubtedly make child marriage a social evil. The paper concludes that early and forced marriages do exist in Nigeria and needs to be curbed and thereafter suggests strategies that will make for a better implementation of such laws to effectively curb forced and early marriages in Nigeria.

This study discusses judges’ considerations in granting requests for underage marriages permission at the Luwuk Religious Court. This study used a qualitative method. The data was collected through direct observation, in-depth interviews, and written document analysis. The data, then, was analyzed using thematic analysis to find themes from the data. The results of this study show that the procedure for submitting a marriage dispensation at the religious court is the same as the mechanism for filing other application cases. Increasing the minimum age for marriage for women to 19 years impacted the increase cases of underage marriage dispensation applications at the Religious Courts. The filing of a underage marriage dispensation case in the Religious Courts was caused by preventive and curative factors. The basis used by the judge in deciding the application for underage marriage dispensation is based on the theory of law enforcement. Then there must be considerations encouraging the judge to grant the application for underage marriage dispensations. The factors considered by judges in determining the dispensation of marriage were also related to psychological, health, educational, and economic factors. These four factors were taken into serious consideration by the judge in determining the dispensation of marriage. Based on the results, we recommend the religious courts should be more selective in examining, considering, and determining applications for underage marriage dispensation to prevent social conflicts and the impact of these decisions to society.