Parental Responsibility for Children's Educational Rights: An Islamic Family Law Perspective among Trading Families in Sei Mencirim
Year: 2026
Type: article
Abstract: Children’s continued schooling does not necessarily indicate that parental educational responsibilities are fully fulfilled when participation in family businesses constrains learning and rest. This study examines parental responsibility for children’s educational rights among trading families in Sei Mencirim Village from an Islamic family law perspective. It employs empirical legal research with a sociolegal approach, using interviews with trading parents, children, and village officials, observations, and documentary research. Qualitative analysis connects field findings with Article 77(3) of the Compilation of Islamic Law and Articles 9(1) and 26(1) of the Child Protection Law, as amended by Law Number 35 of 2014. The findings indicate that parents maintained children’s schooling, but assistance with trading after school, sometimes until nighttime, was associated with reported fatigue, delayed homework, and limited learning support. These conditions reveal shortcomings in everyday educational care relevant to the shared parental responsibility for children’s physical and intellectual development under Article 77(3). The child protection provisions reinforce this assessment through their recognition of educational rights and parental duties of education and care. Economic constraints help explain these arrangements but do not establish that educational responsibilities have been fully fulfilled. The study contributes to contemporary Islamic family law by distinguishing continued educational access from substantive educational care within family businesses. It emphasizes parental arrangements that safeguard learning and rest while recognizing household constraints. The conclusions are limited to the families studied and do not establish economic exploitation.
Authors: Mhd Abdu Syakur, Azwani Lubis
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7219861879