Peer-reviewed article
ISLAMIC FAMILY AND CHILD PROTECTION LAW’S PERSPECTIVE ON VIOLENCE AGAINST CHILDREN
Beni Chandra, Toha Andiko ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This research examines how Indonesian child protection law and Islamic family law approach violence against children, as there is potential tension between the government's absolute protection mandate under Act 35 of 2014 and Muslim families' interests in educating children according to Islamic principles. The study uses comparative legal analysis to explore how both systems define children, violence, and acceptable forms of punishment. The findings indicate that Islamic family law and Indonesian positive law generally align in protecting children, though they differ in their perspective on what constitutes violence and how to respond to perpetrators.
Key points
- Indonesian Act 35 of 2014 provides absolute protection for children against physical and psychological violence
- Islamic law (fiqh) permits certain forms of physical and psychological punishment for child education
- Islamic family law and positive law differ in their definitions of 'children', violence, and acceptable punishment methods
- Both legal frameworks establish limits to physical and psychological violence as preventive and repressive measures
- Differences exist in how each system addresses perpetrators of violence against children
Limitations
This is a legal and theoretical analysis that does not examine how these laws are actually implemented or enforced in practice, nor does it provide empirical evidence on child outcomes. The document does not report data on prevalence of violence or effectiveness of legal protections.
Abstract
The Indonesian Government guarantees the rights and protection of children by Act 35 of 2014 concerning Child Protection. The law provides absolute protection for children against physical and psychological violence that they may receive, but on the other hand there is an interest in Moslem’s families to educate their children according to Islamic law (fiqh), so that there is a contradiction both of them. This research was conducted to determine the view of Islamic family and positive law on the problem of handling and protecting children and the limits of violence against children. The researchers used a comparative approach and library research method. Based on the research conducted, it is found that Islamic family and positive law go in line to provide protection for children. The differences are in the perspective of “children”, violence against children, the application of physical and psychological punishment, and actions against perpetrators of violence. In addition, there are limits to acts of both physical and psychological violence as a preventive and repressive measure against children, according to the provisions of Islamic family law