Bridging law and practice: Reframing disability rights in Indonesian faith-based child protection through maqasid al-shariah

Fadhilah, Nur ORCID: https://orcid.org/0000-0002-3862-7103, Nurhidayah, Siti and Sa'adah, Mazro'atus (2026) Bridging law and practice: Reframing disability rights in Indonesian faith-based child protection through maqasid al-shariah. Tanjungpura Law Journal, 10 (1). pp. 129-160. ISSN Print: 2541-0482; Online: 2541-0490

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Abstract

This study examines the implementation of disability protection within a faith-based institution in Bananul Amanah Madiun Foundation, addressing a critical gap between normative legal frameworks and their practical realization in institutional care settings. It asks how disability laws are operationalized in practice and how maqāṣid al-sharīʿah can strengthen disability rights analysis beyond formal legal compliance. Using a qualitative socio-legal case study, the research draws on fieldwork conducted over three months involving eighteen participants, including administrators, caregivers, educators, parents, and children, supported by observations and institutional document analysis. The findings reveal a hybrid and adaptive model in which legal norms, religious values, and institutional practices interact dynamically. While the institution demonstrates strong commitment to safeguarding life, dignity, and basic welfare, implementation remains partial due to structural constraints such as limited resources, weak coordination, and insufficient professional capacity. The analysis shows that maqāṣid al-sharīʿah provides a systematic ethical framework that deepens rights-based evaluation by linking protection of life, intellect, and dignity to concrete institutional practices. This study contributes theoretically by integrating maqāṣid with socio-legal analysis to explain the gap between law and practice in disability protection. It implies that strengthening inclusive welfare systems in Muslim-majority contexts requires combining normative frameworks with institutional capacity building and integrated governance strategies.

Item Type:	Journal Article
Keywords:	child protection; disability rights; maqashid shariah; social inclusion
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180102 Access to Justice 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012899 Islamic Family Law not elsewhere classified
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Nur Fadhilah
Date Deposited:	27 Apr 2026 14:50

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