Rekonstruksi Epistemologi Perlindungan Anak: Integrasi Maqashid Syariah dan Konvensi Hak Anak dalam Dialektika Nasab dan Hadhanah

Abstract

Child protection within Indonesian Islamic family law continues to face significant challenges, particularly regarding legal identity recognition, child custody, and child support, which are often regulated in a fragmented manner. This study aims to reconstruct the epistemology of child protection through the integration of Maqasid al-Shariah and the Convention on the Rights of the Child (CRC) in the discourse of nasab (lineage), hadhanah (custody), and nafkah (child support). This research employs a normative-theoretical legal approach using conceptual, comparative, and case-study methods. The research population consists of legislation, judicial decisions, and scholarly literature on child protection, while the sample includes legal sources and academic works relevant to the research focus. Data were collected through document analysis and library research and analyzed qualitatively using descriptive-analytical techniques with deductive reasoning. The findings reveal that nasab, hadhanah, and nafkah constitute an interconnected set of existential rights, and that integrating Maqasid al-Shariah with the CRC strengthens the protection of children's identity, care, and welfare through a more humanistic and best-interests-based framework. The study concludes that family law reform should adopt an integrated and child-centered protection model aligned with both human rights principles and the objectives of Islamic law.