KONSTRUKSI WACANA PERLINDUNGAN ANAK DALAM FATWA KUPI TENTANG PERNIKAHAN ANAK

Wafid Syuja’ Vennovary Benevolent, NIM.: 24203011085 (2026) KONSTRUKSI WACANA PERLINDUNGAN ANAK DALAM FATWA KUPI TENTANG PERNIKAHAN ANAK. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The phenomenon of child marriage in Indonesia shows structural problems that have not been resolved. The issue of poverty, limited access to education, sociocultural construction, and textual religious justification often affect the permanence of the practice of child marriage. The Fatwa of the Indonesian Women's Ulema Congress (KUPI) is present as a religious responsse that rejects and dismantles the justification of the practice. This study views the fatwa as a medium for the transmission of new discourse, beyond mere normative texts, which are oriented towards protection and justice for girls, so it is important to explore how the discourse is structured, developed and positioned in the social context of child marriage practices. This research is a library research with the Norman Fairclough Critical Discourse Analysis approach which includes three dimensions of analysis, namely text, discursive practice, and social practice. The main data is in the form of KUPI Fatwa No. 02/IV/2017 concerning Child Marriage, supported by institutional documents, state regulations, and related academic literature. The analysis was carried out by identifying linguistic strategies, the process of production and distribution of discourse, as well as the ideological and power relations behind it. The results of the study show that in the text dimension, fatwas consistently build the representation of child marriage as a social practice that causes harm and violates children's rights. Girls are represented as subjects who have rights and must be protected, not as objects of absolute guardianship. In the dimension of discursive practice, fatwas are produced through collective deliberation of women scholars who integrate religious postulates, the principles of maqāṣid al-syarī'ah, and empirical data, thus forming a dialogical and contextual model of religious authority. Meanwhile, in the dimension of social practice, the discourse of protection in the KUPI fatwa functions as a form of resistance to the hegemony of religious patriarchy that normalizes child marriage in order to maintain the honor and morality of the family. However, the resulting transformation only covers the discursive and symbolic realms, since social structures and legal mechanisms such as marriage dispensation still allow such practices to take place. This study concludes that the KUPI Fatwa on Child Marriage is not just a religious fatwa, it is a manifestation of the arena of meaning production that seeks to build an Islamic paradigm as an offer oriented towards protection and justice for girls.

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