Rethinking Hadhanah: Child Labor and Custodial Crisis in Banjarmasin’s Islamic Legal Response

Authors

  • Syahrida Syahrida Universitas Lambung Mangkurat
  • Nur Wakhidah Universitas Islam Negeri Palangka Raya
  • Budi Suryadi Universitas Lambung Mangkurat
  • Muhammad Nazir Universiti Kebangsaan Malaysia

DOI:

https://doi.org/10.18592/jils.v9i2.17852

Abstract

The prevalence of child labor in Banjarmasin has significantly disrupted established interpretations of hadhanah under Islamic family law, exposing a complex intersection of doctrinal mandates, cultural expectations, and economic hardship. This study explored the extent to which child labor reconfigures custodial responsibilities and how local moral governance informs the ethical realignment of hadhanah within Banjarmasin’s socio-legal framework. Fieldwork was carried out in both urban and peri-urban settings across Banjarmasin, South Kalimantan, Indonesia, where child labor is not only widespread but often socially legitimized. Employing a qualitative methodology, the research gathered data through in-depth interviews, direct observations, and document review conducted between March and July 2025. Participants included working children, their families, religious authorities, community leaders, and judges from Islamic family courts. Data were interpreted using Creswell’s tripartite process of reduction, display, and verification. The findings demonstrate that economic pressures have redefined hadhanah, positioning children as economic actors in contexts traditionally defined by adult custodianship. In response, local actors mobilized culturally embedded ethical frameworks and religious values to resolve custody-related tensions, often compensating for inadequate formal legal interventions. The study concludes that hadhanah is undergoing a locally negotiated transformation, revealing the dynamic adaptability of Islamic legal norms and highlighting the potential for incorporating community-based ethics into state custodial practices.

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Published

2025-07-23