EISSN: 2654-525X| PISSN: 0216-6534

Volume 19 Nomor 1 February 2024: 1-10

DOI: -

DiH: Jurnal Ilmu Hukum

PEMENUHAN HAK ANAK OLEH PANTI ASUHAN DI

KABUPATEN JOMBANG PERSPEKTIF MAQASHID
SYARIAH
Feri Abdalloh1, Ita Rahmania Kusumawati2
1
Pascasarjana Unhasy Tebuireng Jombang
2
Pascasarjana Unhasy Tebuireng Jombang
1
Fabdalloh@gmail.com 2Itajombang111@gmail.com

Abstract
Article History: There are many orphanages in Jombang Regency that take care of disadvantaged
children who do not have parents, orphanages are a hope for all abandoned and
orphaned children to be able to feel the love and education that they did not get at their
Keywords: age. The researcher's curiosity arises to know how orphanages in Jombang Regency
fulfill the rights of foster children, what are the obstacles and solutions for fulfilling
Fulfillment Of
children's rights by orphanages in Jombang Regency. The approach used in this study
Children's is a qualitative approach. This type of research is field research which is used to obtain
Rights; the necessary data in assessing the fulfillment of children's rights by orphanages in
Orphanage; Jombang Regency and then analyzed with maqashid syariah glasses. The results of this
study concluded that the strategy of fulfilling the rights of children in orphanages in
Maqashid
Jombang Regency includes the fulfillment of basic needs, education, health, protection,
Syariah and Justice. The obstacles faced are conflicts between children, lack of caregivers,
different backgrounds, and financial limitations. Handling efforts include mediation
and coaching, coordination with social services, psychological support, and cooperation
with similar agencies. The strategy or pattern of fulfilling children's rights applied by
orphanages in Jombang, Maqasid Syariah perspective, is to strengthen and does not
conflict with the Islamic legal system. Orphanages in Jombang holistically implement
these principles to fulfill the rights of children within the framework of Islamic law.
They not only focus on aspects of physical needs, but also pay attention to the
spiritual, emotional, intellectual, and social needs of children living in such
orphanages.

1. Introduction
Children are the next generation of the nation's struggle. As the nation's successors,
children should be looked after and cared for well, so that they can grow and develop their
personalities well and maximize their skills in carrying out roles according to their growth
phase. Fulfilling children's basic rights is the implementation of human rights. In an Islamic
perspective, human rights are a gift from Allah SWT that must be guaranteed, protected and
fulfilled by parents, family, society and the state. This shows that children's rights are not
only the responsibility of parents, but also the responsibility of all components of society
around the child. Every child has rights that must be fulfilled by adults by guiding and
paying attention to their growth and development.1

1
Ratri Novita Erdianti, Hukum Perlindungan Anak Di Indonesia, vol. 1 (UMMPress, 2020).
 Title

Volume 19 Nomor 1 February 2024: 1-10

Provisions regarding children's rights have been regulated in Islam and positive law in
Indonesia. Islam establishes children's rights with an orientation towards five types of
human rights called maqasid shari'ah, namely maintenance of religion, maintenance of soul,
maintenance of nasab, maintenance of reason, and maintenance of property. This is in line
with Law no. 35 of 2014 concerning Child Protection, which is regulated in articles 1 and 2
chapter 1 which states that: "Child protection is all activities to guarantee and protect the
rights of children so that they can live, grow, develop and participate optimally in
accordance with their dignity and human dignity, and receive protection from violence,
poverty and discrimination.2

However, in reality, not all children have the good fortune to grow and develop in a
harmonious and ideal family. Examples include children who do not have both parents
because they have died, abandoned children, or children who live in poor families whose
parents cannot meet their needs. This forces parents or people living around the child to
leave the child in an orphanage. Orphanages seem to be the main solution regarding the
responsibility of caring for these children. This is in line with data released by the Indonesian
National Commission for Child Protection which states that around 90% of children
entrusted to orphanages still have families who can care for these children.3

Even though regulations regarding the fulfillment of children's rights have been
around for a long time, in reality we can still see many social welfare problems involving
children, such as victims of violence, neglected children and children living in poor families.
There are children who have not been touched by social services due to limited service
coverage, resource management and existing services in social institutions such as
orphanages, and minimal efforts to protect children which has resulted in an increase in
children's social problems.

Orphanages as alternative care institutions to replace parents must guarantee the

fulfillment of children's rights in accordance with the National Child Care Standards (SNPA)
guidelines set by the Ministry of Social Affairs. In SNPA there are several standards for
caring for children which also pay attention to children's rights which include the role as
substitute parents, the dignity of children as human beings, child protection, child identity,
child development, and others.4

Orphanages that are places of care that comply with SNPA must understand the things
that are standards in the implementation of orphanage management. Orphanages that
provide services in accordance with SNPA act as substitutes for parents, paying attention to
the child's dignity as a human being, providing protection for children, paying attention to
child development, helping to complete the child's identity, paying attention to children's
clothing, food, housing, children's health, children's education, and so on.

2
Silvia Fatmah Nurusshobah, “Konvensi Hak Anak Dan Implementasinya Di Indonesia,” Jurnal
Ilmiah Kebijakan Dan Pelayanan Pekerjaan Sosial (Biyan) 1, no. 2 (2019).
3
Usep Saepullah, “Hakikat Dan Transformasi Hukum Keluarga Islam Tentang Perlindungan Anak”
(LP2M UIN Sunan Gunung Djati, 2021).
4
Osy Afriani, M Salam, and Heri Usmanto, “Peran Panti Asuhan Dalam Menanamkan Pendidikan
Karakter Anak Asuh,” Jurnal Kewarganegaraan 5, no. 2 (2021): 539–51.

2
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

Based on data released on January 28 2020, the Jombang Regency Central Statistics
Agency recorded that there were 35 orphanages spread across various sub-districts with the
following details: Perak 2, Gudo 1, Diwek 7, Ngoro 2, Mojowarno 2, Mojoagung 1, Sumobito
1, Jogoroto 1, Peterongan 1, Jombang 10, Megaluh 2, Tembelang 1, Kesamben 2, and Ploso.5

With the many orphanages in Jombang district, abandoned children and orphans are
expected to be able to experience life like children in general and obtain their rights as
children. Orphanages are the hope for all abandoned and orphaned children to be able to
experience love and education. they don't get at their age. Later, they can grow into strong
individuals and have ample opportunities to achieve their dreams. researcher's wishes.

From the explanation above, it indirectly emerges to know about how the Orphanage
in Jombang Regency fulfills the rights of foster children, what are the obstacles and solutions
to fulfilling children's rights by the Orphanage in Jombang Regency. For this reason, this
problem will be researched under the title "Fulfillment of Children's Rights by Orphanages
in Jombang Regency". This research will be carried out in several orphanages in Jombang
district, including: Al-Hasan Orphanage in Diwek District, Muslimat NU Orphanage in
Jombang District, Minhajul Abidin Orphanage in Jogoroto District, Ummul Mahmudatul
Azhar Orphanage in Ngoro District. It is hoped that the results of this research will provide a
general answer to the problem of fulfilling children's rights by orphanages in Jombang
Regency.

1. 2. Methods
Researchers used a qualitative approach and legal sociology and analyzed using
Maqasid Syariah theory. Qualitative research is scientific research that aims to understand a
phenomenon in a natural social context by prioritizing a process of in-depth communication
interaction between the researcher and the phenomenon being studied.6 Researchers
searched for and collected data at four orphanages in Jombang district, namely: First, Al-
Hasan Orphanage which is located in Watu Galuh village, Diwek sub-district, Jombang
district. Second, the NU Muslimat Orphanage which is located in Sambong Dukuh village,
Jombang sub-district, Jombang district. Third, the Minhajul Abidin Orphanage which is
located in Janti village, Jogoroto sub-district, Jombang district. Fourth, the Ummul
Mahmudatul Azhar Orphanage which is located in Kauman village, Ngoro sub-district,
Jombang district.

2. 3. Results and Discussion

1. Profile Of Al-Hasan Orphanage

LKSA Al - Hasan is located in Watugaluh Village, Diwek District, Jombang Regency,

which was founded in 1988. The establishment of the institution was initiated by Kyai H. A.
Dhofir with local community leaders who were concerned about poor, orphaned, abandoned
5
https://jombangkab.bps.go.id/statictable/2020/01/28/4205/panti-asuhan-daya-tampungdan-
penghuni-panti-2012.html
6
Muhammad Ramdhan, Metode Penelitian (Cipta Media Nusantara, 2021).

3
 Title

Volume 19 Nomor 1 February 2024: 1-10

children, and children in poor conditions. dangerous and not good for growth and
development in the environment. Then in 2006 it was continued by Drs. H. Miftahul Hinan,
who at that time began to receive care for children from infancy to adulthood. And at the
beginning of 2022 it will be continued by Mrs. Shohihah Izah, S.Ag as chairman of LKSA AL
HASAN. With this LKSA, it is able to help children to carry out their function as an
alternative care for children.
Al-Hasan orphanage has a short-term work program: making KIS; Creating creative
hijaiyah letters; Creating Asmaul Husna Creativity; Teaching art to children; Establishing a
cooperative business; Make a family card and birth certificate; Makes 2 sinks; Providing
office wifi; Creating Al Hasan' social media; Updating banners; Create Al Hasan calendar;
Purchase of LCD and Projector. They also have a regular work program in the form of
compensation to all Al Hasan workers and compensation to widows and the elderly. Apart
from that, there is also an annual work program: Submitting proposals for food operational
assistance; Submit a proposal for Children's Social Rehabilitation assistance (Progresa);
Grand haul event. Long Term Program: Increasing administrative improvements; Qur'an
memorization program (Mataba); Al Hasan Kindergarten/PAUD Licensing; Construction of
a men's dormitory building
Facilities and infrastructure at Al-Hasan include: Boys' Dormitory; Girls Dormitory;
Toddler Room; Toddler Room; Baby Room; Mosque; Islamic Prayer Room; Kitchen; Hall;
Study Room; Study room; Library room; Playroom; Main office; Administrative Office;
Vehicle; Field/Page. The condition of the facilities and infrastructure at Al Hasan Orphanage
is quite adequate, so that it can support the growth process of our children comfortably and
well. We also apply the available facilities and infrastructure painstakingly so that our
children grow and develop well.
2. Profile of the NU Muslimat Orphanage

The NU Muslimat Orphanage is an orphanage founded by the NU Muslimat

organization, namely the Jombang Regency Muslimat NU Branch Management in 1996
based on a social call for the condition of children in the Jombang district, located at Perum
Sambong Permai, Sambongdukuh, Jombang sub-district, Jombang Regency . This orphanage
cares for and educates orphans and neglected children. The NU Jombang Muslimat
Orphanage Foundation meets the needs of the children in its care, from food to school.
The majority of clients or children who live in the NU Muslimat Orphanage are
orphans from the Jombang district area who were taken in by Muslimat administrators at
branch and branch level. Apart from clients who live in the orphanage, the NU Muslimat
Orphanage also fosters children outside the orphanage, they still live with their families but
receive coaching and education services provided by the NU Muslimat Orphanage.
The NU Muslimat Orphanage also fosters children from underprivileged families,
because according to one of the orphanage administrators, children who live in
underprivileged or poor families do not receive maximum educational and coaching services
when compared to other children. orphans, both orphans who live in orphanages and
orphans who are fostered by orphanages. The number of children living in the orphanage is
6 and the number of children being assisted outside the orphanage is 26.
3. Profile of Minhajul Abidin Orphanage

4
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

The Minhajul Abidin Orphanage is geographically located in Janti Hamlet, Janti

Village, Jogoroto District, Jombang Regency, East Java. Above the ground approximately 100
m. This village is located far from the district, the distance between the Minhajul Abidin
Orphanage and the District is ± 10 km, from the District ± 3 km and is a rural area. The
orphanage building is located in a place or building with 3 floors, one floor consisting of
three rooms, where the building is not too far from residential areas.
On June 18 1988, the administrators of the Minhajul Abidin Janti Jogoroto Jombang
Orphanage agreed to create an educational institution, namely the Minhajul Abidin
Orphanage, officially by taking a secretariat office on Jalan Balai Desa Janti Jogoroto
Jombang with a deed from notary Sufie Etika, SH NO 21 dated 18 June 2001 and registered at
the Jombang court office no 27/2001/yys. When it was first established, it was called Pondok
Pesantren, but gradually many people came to this institution who were underprivileged
and also many street children who had the desire to study at the boarding school, finally in
2000 the Caregivers were encouraged to open an Orphanage in under the auspices of the
foundation. The background to the establishment of this orphanage is to implement the
word of Allah SWT as stated in QS Al-Ma'un verses 1-3, Carrying out the mandate of UUD
45 article 34, and the large number of children with social status such as; fatherless,
orphaned, orphaned, and from disadvantaged families.
Minhajul Abidin Orphanage also provides various types of social welfare services such
as: child care, elderly care, family consultations, rehabilitation of people with disabilities
(blind, deaf and speech impaired, mentally disabled, physically disabled, hearing impaired,
double impaired, autistic), education formal and informal, play groups, child care, baby care,
assistance to victims of natural disasters, efforts to increase the productive businesses of the
poor, free medical services for the needy, support for orphans.
4. Profile of Ummul Mahmudatul Azhar Orphanage

The Ummul Mahmudatul Azhar Orphanage is one of the Social Welfare Institutions
(LKS) under the auspices of the Ummul Mahmudatul Azhar Foundation which
accommodates and fosters orphans, orphans, poor people, neglected, and children with
disabilities/Children with Special Needs (ABK) who need protection and nurturing. Most of
the children in the care of the Ummul Mahmudatul Azhar Orphanage, both inside LKS and
outside LKS, are Children with Special Needs (ABK) which include the blind, speech-
impaired, mentally disabled, physically disabled, double-impaired, autistic and with cleft lip.
There are also some children who are normal, but are neglected (don't have or are not
wanted by a family as the family is a place of shelter), and experience economic
disadvantage. The Ummul Mahmudatul Azhar Orphanage has work programs in the fields
of education, religion, public relations, social and humanitarian affairs, health, human
resources (HR), counseling guidance, economics, and planning and development. The total
number of foster children at the Mahmudatul Azhar Orphanage is 78 children, consisting of
64 boys and 14 girls. Currently, the Ummul Mahmudatul Azhar orphanage is chaired by Mr.
Ucu Ishak Parid.
Analysis of Rights Fulfillment Strategies for Fulfilling Children's Rights by Orphanages
in Jombang Regency

5
 Title

Volume 19 Nomor 1 February 2024: 1-10

Based on the results of interviews with researchers with administrators, caregivers and
foster children of four orphanages in Jombang Regency, orphanage managers try their best
to fulfill the rights of foster children which include basic needs in the form of food, clothing
and shelter for foster children, and provide educational facilities.
1. Basic Needs Rights

Based on the results of interviews with food menus for foster children in
orphanages in Jombang Regency, the food needs for foster children are fulfilled and well
met. The food provided to foster children is nutritious and healthy. Foster children also
eat three times a day. Sources of funds to meet the needs of children in foster care in
Jombang Regency partly come from the community who act as donors and the
government, namely the Ministry of Social Affairs, which funds the needs of foster
children. Food needs for children in orphanages in Jombang Regency are also in
accordance with the regulations issued by the Minister of Social Affairs in 2011
concerning Child Care Standards that children must consume food whose nutritional and
nutritional quality is maintained according to their age and growth and development
needs while living in Social Welfare Institutions. Children, in adequate quantity and
frequency, main meals at least 3 times a day and snacks at least 2 times a day.7
Meanwhile, parenting according to Islamic family law states that caregivers should
pay attention to children so that they don't eat too much or feel like they don't have
enough. Rasulullah SAW said: "Eat and drink and dress and give alms without being
excessive or arrogant. Among the instructions of Rasulullah SAW in matters of food are
avoiding food that contains poison, and prohibiting excessive eating and drinking, so that
it exceeds one's needs..8
The clothing needs of orphanage children in Jombang Regency are also met. The
clothes given to foster children range from everyday clothes, clothes for school according
to their level of education, play clothes, and often they are also invited to shop for the
clothes they want. Clothing is also provided to protect and cover the private parts of
foster children, because in Islam it is required to cover the private parts of both boys and
girls. The main purpose of clothing is to keep the wearer comfortable, protected and to
cover parts of the body that should not be exposed. The clothing needs for children in
orphanages in Jombang Regency are also in accordance with the regulations issued by the
Minister of Social Affairs in 2011 concerning Child Care Standards that Child Social
Welfare Institutions must meet the clothing needs for each child adequately, in terms of
quantity, function, size and appearance. pay attention to the child's wishes.9
The need for housing for foster children is also met, as can be seen from the creation
of dormitories for foster children to live in. In each dormitory there are different
caregivers, namely the female caregiver who has the task of caring for, caring for and

7
Peraturan Menteri Sosial Republik Indonesia No. 30 Tahun 2011 tentang Standart Nasional Pengasuhan Anak
Untuk Lembaga Kesejahteraan Sosial Anak Pasal 2
8
Abdullah Nashih Ulwan, Pedoman Pendidikan Anak dalam Islam Jilid II, terj. Saifullah Kamalie dan Hery
Noer Ali dari judul asli Tarbiyat al-Aulad Fi al-Islam (Bandung: Asy-Syifa 1990), 139.
9
Juli Astutik et al., “PENDAMPINGAN PANTI ASUHAN MENUJU LEMBAGA KESEJAHTERAAAN
SOSIAL ANAK (LKSA) YANG ‘TERAKREDITASI,’” Jurnal Pengabdian Pada Masyarakat MEMBANGUN
NEGERI 5, no. 2 (2021): 201–14.

6
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

looking after the female children, and the male caregiver who has the task of caring for,
caring for and looking after the male children. Boys' nannies and girls' nannies play a role
in replacing the role of parents for foster children. In the hostel, foster children must
comply with the rules and regulations that have been made by the orphanage
management.
2. Education and Development Rights

a. Education

Foster children are understood as children who need alternative care outside the
family through institutions or orphanages. This is done so that children can still have
their basic needs and rights met. In this way, it is hoped that children will not be
entangled in social problems such as neglect, exile and exploitation of children.
Children who are eligible to be foster children are children who are in the following
situations: 1) The child's family does not provide adequate care even with appropriate
support, ignores or abdicates responsibility for their child. 2) Children who have no
family or the whereabouts of family or relatives are unknown. 3) Children who are
victims of violence, abuse, neglect or exploitation, so that for the sake of their safety
and well-being, care in the family is actually contrary to the child's best interests. 4)
Children who are separated from their families due to disasters, whether social
conflicts or natural disasters.10
The criteria explained above are used as a basis for assessing whether or not a
child is suitable for being under the care of an institution or orphanage. Children who
are given more priority in receiving alternative care in an institution are children who
have problems in the social and economic fields so that these children have limitations
and helplessness that can threaten the child's development.
Orphanage administrators carry out their role in supporting the continuity of
children's education, where the role of administrators in orphanages is as family and
foster parents for foster children in orphanages. Then the role of orphanage
administrators is apart from being a substitute for the children's family, the
administrators also have a role as shapers of the children's character and spiritual
mentality which aims to guide, educate, direct and regulate the behavior of foster
children. The role of the orphanage management is to try to replace the function of the
family which has failed and lost its role as a shaper of the character and spiritual
mentality of children whose aim is to guide, educate, direct and regulate the behavior
of their foster children so that they become independent and useful people for the
community, nation and state.11
The role that foster children get from the care home administrators is the role
of a foster parent as a substitute for the role of their parents, where the orphanage
administrators act as a motivator, namely as an encouragement for the child to
continue learning and interpret the importance of the knowledge gained; The

10
Aay Siti Raohatul Hayat, “Impelementasi Pemeliharaan Jiwa (Hifz Al-Nafs) Pada Pengasuhan Anak Berbasis
Keluarga,” FOKUS Jurnal Kajian Keislaman Dan Kemasyarakatan 5, no. 2 (2020): 151–70.
11
Ellya Susilowati, “Praktik Perlindungan Anak Terlantar Di Lembaga Kesejahteraan SOSIAL ANAK,” Sosio
Informa: Kajian Permasalahan Sosial Dan Usaha Kesejahteraan Sosial 8, no. 1 (2022).

7
 Title

Volume 19 Nomor 1 February 2024: 1-10

facilitator is to complete/meet the needs of foster children such as learning facilities,

learning tools, transportation facilities, and children are given the freedom to
determine the school they want and of course adapt it to their values; and a mentor,
namely acting as a role model for children in doing everything.12
With their role as foster parents, the administrators try to provide something
good for them, namely by providing them with educational facilities, teaching them
independence, teaching them to respect each other both among children in the
orphanage and with older people such as orphanage administrators, as well as training
and providing skills training for foster children. The parenting pattern according to
Islamic family law (hadhanah) teaches that girls and boys are given equal
opportunities to obtain educational services according to their respective potential,
talents and interests. Rasulullah said: ُ
‫َط َل ُب اْل ِع ْل ِم َف ِر ْي َض ٌة َع َل ى ُك ِّل ُمْس ِلٍم َو ُمْس ِلَم ة‬
Seeking knowledge (learning) is obligatory for every Muslim man and woman. (HR. Ibn Majah
and Baihaqi).13
Semi-Islamic boarding school education at an orphanage in Jombang Regency is
in accordance with the educational rights given by parents according to Islamic family
law (hadhanah), namely teaching the Koran, praying in congregation and
implementing the sunnahs of the Prophet Muhammad SAW such as sunnah fasting
and so on. It was narrated from Mush'ab bin Sa'd bin Abi Waqash from his father that
he said, Rasulullah SAW said:
‫َخ ْيُر ُك ْم َم ْن َت َع َّل َم الُق ْر آَن َو َع َّل َم ُه‬
The best of you are those who study the Quran and teach it (HR. Bukhari).14
Ibn Khaldun hinted at the importance of teaching the Koran to children and
memorizing it. Ibn Sina advised that in preparing children physically and mentally,
they should start by teaching them the Koran, so that from a young age they begin to
know the original Arabic language, and the values of faith are embedded in their souls.
The educational needs for children in orphanages in Jombang Regency are also in
accordance with the regulations issued by the Minister of Social Affairs in 2011
concerning Child Care Standards that, Child Welfare Institutions must support
children to gain access to formal, non-formal and informal education according to their
age and interests. , and their care plans during their stay at the Child Welfare
Institution.
b. Character Development

Character development in orphanages in Jombang district includes: character

development related to attitudes towards God, character development related to
attitudes towards fellow human beings, character development related to attitudes
towards oneself, and character development related to attitudes and behavior in
relation to the natural environment.

12
Desta Anjani Ramadita, Lilis Karwati, and Lulu Yuliani, “Peran Pengasuh Panti Asuhan Dalam Melaksanakan
Fungsi Pengganti Keluarga,” Student Journal of Community Education, 2023, 13–24.
13
Ibnu Majah, Sunan Ibnu Majah, Juz I (Beirut: Dar al-Kutub al-„Ilmiah. t.th.), 81.
14
Abdullah Muhammad bin Ismail al-Bukhari, Shahih Bukhari, Juz III (Beirut: Dar al-Kitab al ‘Ilmiyyah, 1992),
108.

8
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

One form of orphanage activity is to accustom orphanage children to praying

five times a day in congregation because by praying in congregation the children will
be trained to be disciplined, to follow all the movements of the imam specifically, and
know how to pray properly and can strengthen brotherhood. and the cohesiveness of
children in the orphanage. Congregational prayer performed every day will train the
child towards a habituation process, and eventually it will become a child's need so
that it becomes part of his life. When prayer has become a part of his life, wherever he
is, he will definitely pray well. This is in accordance with Suparno's opinion, which
says that habit turns out to be an important factor in acting well. If children are
accustomed to acting well in small things, it will be easier for them to act kindly in
bigger things.15
Character development in orphanages in Jombang Regency also includes
developing attitudes towards fellow human beings, this is very important
development as expressed by Zubaedi, he said that social values need to be instilled in
students because social values function as reference for behavior in interacting with
others so that their existence can be accepted in society, social values provide
guidelines for community members to live in love with fellow humans, live in
harmony, live in democracy, and live responsibly.16
In cultivating a good attitude towards children, the supervisors teach the
importance of fostering harmony with fellow humans, orphanage children are always
taught to always be friendly with everyone, especially with friends, administrators,
guests who come to the orphanage and neighbors of the orphanage to always
appreciate and respect them by greeting them when they meet on the street because
this attitude can foster brotherhood and strengthen ties with everyone. In developing
attitudes towards fellow humans, the methods used by orphanage fathers/mothers are
the advice method, the example method, the habituation method, the attention giving
method, the punishment method.17
In instilling discipline in their foster children, the father/mother of the
orphanage uses the democratic model of child care from Elizabeth B. Hurlock, where
the father/mother of the foster father/mother discusses with the child, giving
explanations and reasons that help the child understand why he is asked to obey the
rules of the orphanage. . The mentors emphasize the educational aspect rather than the
punitive aspect. Punishment is never harsh and is only given if the child deliberately
refuses the action he must do. If the child's actions are in accordance with what he
should do, the orphanage father/mother gives praise. This is in accordance with
Ulwan's opinion that educators should be wise in using appropriate punishment
methods, which do not conflict with the child's level of intelligence, education and
character.18
Berdasarkan hasil penelitian, anak asuh panti asuhan di Kabupaten Jombang
mengikuti pembinaan secara aktif dan mematuhi jadwal yang sudah ditetapkan oleh

15
Paul Suparno, Pendidikan Budi Pekerti Di Sekolah, (Yogyakarta: Kanisius, 2002), 30.
16
Zubaedi, Pendidikan Berbasis Masyarakat (Yogyakarta: Pustaka Pelajar, 2005), 12.
17
Heri Jauhari Muchtar, Fikih Pendidikan (Bandung: Remaja Rosdakarya, 2005), 18-22.
18
Abdullah Nashih Ulwan, Pedoman Pendidikan Anak dalam Islam (Jakarta: Pustaka Amani, 2007), 315.

9
 Title

Volume 19 Nomor 1 February 2024: 1-10

pihak panti. Pembinaan yang dilakukan panti asuhan di Kabupaten Jombang disertai
dengan rasa kekeluargaan, sehingga anak merasa nyaman dan menghormati pembina
serta menganggap pembina sebagai figur orang tua yang baik. Anak panti adalah anak
yang mempunyai latar belakang yang berbeda-beda dan mempunyai kepribadian
yang berbeda-beda pula, sesuai dengan pendapat Yusuf, faktor-faktor yang
mempengaruhi kepribadian, antara lain: fisik, inteligensi, keluarga, teman sebaya dan
kebudayaan. Hal ini sudah di sadari oleh Pembina karena proses yang pertama dalam
pembinaan budi pekerti anak adalah di lingkungan keluarganya, yang kemudian
dilanjutkan di lingkungan sekolah dan masyarakat.
Jadi pembinaan ini sangat penting ditanamkan pada anak sedini mungkin di
panti agar anak terbiasa untuk berbuat kebajikan. Dalam pembinaan budi pekerti ini
bapak/ibu pembina panti menggunakan metode pembinaan dari Endraswara, yaitu
model pembinaan integrated dimana seorang pendidik mengajarkan budi pekerti
dalam pelajaran lain. Bapak/ibu pembina di panti mengajarkan budi pekerti yang
kaitannya dengan pembinaan sikap terhadap diri sendiri bersama-sama dengan
bimbingan kedisiplinan.19
Developing the character of children in orphanages in Jombang Regency which is
related to attitudes and behavior in relation to the natural surroundings is by
accustoming foster children to daily pickets and community service work together
with their supervisors every Sunday. This is suitable for developing or instilling habits
in children, which can be done by modeling where parents are examples or models for
children, parents' examples have a very strong influence on children. Coaches not only
instruct and advise foster children but also give a direct example to foster children by
taking part in community service to clean the orphanage environment. Through this
modeling, parents have passed on their way of thinking to their children and children
will learn about proactive attitudes and attitudes of respect and affection for others..20
3. Health Rights

Based on the results of interviews with several children in the Jombang Regency
orphanage, it was stated that the caregivers were very concerned about their health, if
someone was sick, it was immediately handled by the administrators. However, if
medical treatment is required, the administrators will take them to the community health
center or hospital for immediate treatment. Thus, health care can be said to be quite good,
considering that orphanages pay attention to children's health and those who are sick
receive adequate care. When it is discovered that the disease is starting to appear in a
child, they should immediately contact a doctor to treat it immediately
In parenting from an Islamic family law perspective (hadhanah), health is a
condition or condition that describes a body that is free from all diseases or physical
disorders. You should pay attention to the types of infectious diseases when one of your
children is affected by the disease, namely by separating the child from other children, so
that the disease is not contagious and does not continue to spread. In terms of health,

19
Suwardi Endraswara, Pendidikan Budi Pekerti dalam Budaya Jawa (Jakarta: Rineja Cipta, 2006), 20.
20
Kosma Manurung, “Membingkai Kontribusi Orang Tua Kristen Dalam Mengajarkan Tanggung Jawab Pada
Anak,” CHARISTHEO: Jurnal Teologi Dan Pendidikan Agama Kristen 2, no. 1 (2022): 73–85.

10
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

children from orphanages in Jombang Regency pay great attention to healthy lifestyles.
They are given a schedule for carrying out daily activities such as a schedule for eating,
bathing and sleeping. They are also advised to keep the orphanage environment clean.
However, there are times when every child experiences health problems such as fever,
cough and other illnesses that can sometimes happen to them. The mixing of children
with one another does not rule out the possibility of disrupting their health if one of the
children is sick..
4. Protection Rights

Every human being has the right to protection, especially for children who are still
underage, they really need protection for their body and soul from all things that harm
children. The impact of acts of violence against children can cause physical pain and
psychological trauma which affects the child's personality. who is expected to be a
potential successor to the nation and has a spirit of nationalism based on noble morals.21
Based on article 1 paragraph 2 of Law no. 23 of 2002 determines that child
protection is all activities to guarantee and protect children and their rights so that they
can live, grow, develop and participate optimally in accordance with human dignity, as
well as receive protection from violence and discrimination. Child protection is not only
about protecting the child's body and soul, but also includes protecting all of the child's
rights, obligations and interests which can ensure the child's growth and development.
Providing protection to children by providing love, making foster children like their own
family, providing adequate attention and ensuring the child's needs well. For children
who are abandoned by their parents, they hope to receive attention and affection from
caregivers. Protection of children also aims to ensure the fulfillment of children's rights,
guarantee the protection of children so that their rights remain fulfilled, and are protected
from acts of discrimination.22
5. Right to Justice

The administrators of the orphanage in Jombang Regency provide justice to their

foster children, do not differentiate between them, and always fulfill all the needs of the
foster children fairly. Rasulullah SAW ordered parents and educators to realize the basis
of justice between siblings. Even Rasulullah SAW firmly rejected people who did not
realize justice and love between their children, did not equalize distribution and giving..23
However, if there is a foster child who according to him has never committed bad
acts, has good behavior, has good manners and respects the caretaker of the orphanage or
other foster children, then the orphanage will reward or give gifts. So that it can be a
motivation for other children to change their behavior for the better. Motivate your child
by giving prizes for every job well done, or because he excels in his studies. When giving
punishment or sanctions, if a foster child makes a mistake or violates the regulations that
21
Nurhayati Nurhayati and I Gusti Ayu Wulan Budi Setyani, “Trauma Masa Anak-Anak Dan Perilaku Agresi,”
Psikobuletin: Buletin Ilmiah Psikologi 2, no. 3 (2021): 164–74.
22
Satino Satino et al., “Sosialisasi Dan Pendampingan Dalam Upaya Pemenuhan Hak-Hak Anak Korban
Kekerasan Dan Diskriminasi,” Jurnal Altifani Penelitian Dan Pengabdian Kepada Masyarakat 3, no. 1 (2023):
78–87.
23
Herawati Herawati and Kamisah Kamisah, “Mendidik Anak Ala Rasulullah (Propethic Parenting),” Journal of
Education Science 5, no. 1 (2019).

11
 Title

Volume 19 Nomor 1 February 2024: 1-10

have been made by the institution. If a foster child makes a single mistake, they will
receive sanctions such as a verbal warning.
Running a program cannot escape problems that prevent the program from running
well. Likewise with orphanages, even though a care program has been planned as well as
possible, problems cannot be avoided. Therefore, in addition to planning a program, you
must also plan the efforts taken when faced with a problem. Based on the description, the
obstacles faced in fulfilling the rights of foster children in orphanages are: conflicts between
foster children, lack of caregivers, children's different backgrounds, and lack of funds. To
overcome these problems or obstacles, orphanage managers take various efforts to resolve
these problems.
1. Efforts to resolve conflicts between foster children

One of the problems that becomes an obstacle in protecting and fulfilling the rights
of foster children is problems that come from the foster children themselves. Foster
children come from different regions and environments, so this also influences their
different dispositions and characteristics. There are children who have a tough character,
there are also those who have a lazy character, so it takes a long time to develop them so
that awareness emerges in them. Apart from that, because their soul and mentality are
immature, they are easily angered. The caretakers of the orphanage in Jombang Regency
did not just ignore this, every time they saw a quarrel between foster children, they
immediately broke it up and mediated between the troubled children so that further
quarrels would not occur..
2. Efforts to overcome the shortage of caregivers

One of the factors that hinders the implementation of protection and fulfillment of
the rights of foster children is the lack of caregivers. However, the problem of a shortage
of caregivers by orphanages in Jombang Regency cannot be allowed to drag on. To
overcome the shortage of caregivers, the management is trying to communicate with the
local Social Service to find the right solution. After the orphanage administrators in
Jombang Regency coordinate, the Social Service usually helps by providing assistance.
According to the author, the steps taken by the Orphanage in Jombang Regency are
appropriate, because if they look for additional caregivers in the near future it is likely to
require quite a lot of money. Therefore, cooperation with various groups needs to be
intensified, especially with local social services. The ongoing cooperation between all
parties will help fulfill children's rights, including fulfilling the right to care for
abandoned children for the sake of a better and brighter future for children so as to avoid
all forms of discrimination in order to achieve a better life as a form of shared
responsibility in a country. . Taking care of children's future is the same as taking care of
and saving the future of the Indonesian nation and state. Therefore, provisions governing
obligations and responsibilities for the management and protection of Indonesian children
are very important.24
3. Efforts to Overcome Children's Different Emotional and Psychological Backgrounds

24
Ahmad Kamil dan Fauzan, Hukum Perlindungan dan Pengangkatan Anak Di Indonesia (Depok: Rajawali
Pers, 2017), 71.

12
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

The orphanage has a caring approach to the emotional and psychological needs of
the children in it. Emotional support and affection shows that the orphanage is aware of
the importance of emotional support and affection for children. Providing emotional
support can help children feel safe, connected, and valued. This is important to build
positive relationships between staff and children. Then providing positive feedback can
help increase self-confidence and strengthen children's understanding of their abilities.
This is a constructive approach in promoting children's development and recovery. Then
caregivers also provide psychological care, by means of orphanages bringing in
psychologists periodically to help children overcome psychological problems. This shows
that orphanages are aware of the importance of psychological care and recognize that
children may need professional help in dealing with traumatic or other emotional
problems. The orphanage has a sensitive approach to the emotional and psychological
needs of children. The emotional support, compassion and psychological care provided
by the staff and professionals involved is a positive step to assist children in their recovery
and development.
4. Efforts to overcome the lack of funds

Orphanages have collaborated with non-governmental organizations, such as

NGOs, foundations and other charities, to overcome funding shortfalls. Orphanages
always try to find solutions to lack of funds. This shows that the orphanage utilizes
partnerships with institutions that have a similar mission and vision in helping children
in need. Collaboration with non-governmental organizations has provided financial
support for orphanages. This shows that the orphanage receives financial donations from
these institutions to help meet their financial needs. The orphanage succeeded in
establishing collaboration with non-government organizations to obtain financial support
which helped overcome the lack of funds. This is an important step in maintaining the
continuity of the orphanage's operations and ensuring the needs of the children living
there are met.
Analysis of Fulfillment of Children's Rights by Orphanages in Jombang Regency from
Maqashid Syariah Perspective
As explained in the theoretical framework, the maqasid sharia theory used to analyze
strategies or patterns of protection and fulfillment of the rights of foster children in
orphanages is Jasser Auda's Maqasid Syariah theory. The strategy or pattern of protecting
and fulfilling the rights of foster children implemented by orphanages in Jombang Regency,
in its implementation is in line with Jasser Auda's Maqasid Syariah, where this theory has six
stages, including: cognitive nature (cognitive character), wholeless (whole) , opennes
(openness), interrelated hierarchy (hierarchy that is interrelated), multidimensionality
(multidimensional), and purposefulness (intent). The six stages are not necessarily carried
out at just one stage, but must be applied in their entirety.25
1. Cognitif Nature

This cognitive character is used to distinguish texts between the Koran and Sunnah
and a person's understanding of the text. Jurisprudence experts globally define
25
Jasser Auda, Maqasid Al-Shari’ah as Philosophy of Islamic Law (International Institute of Islamic Thought
(IIIT), 2022).

13
 Title

Volume 19 Nomor 1 February 2024: 1-10

jurisprudence as the result of the interpretation of jurisprudence experts' understanding

of texts that serve as legal references. The implementation of appropriate parenting
strategies or patterns in orphanages is carried out with the aim of maintaining child
welfare, prevention and development of foster children, and always fostering a sense of
affection between foster children and caregivers. This goal is in line with Islamic teachings
which recommend that every caregiver or parent always look after their children.
Children are a gift and trust from Allah SWT whose caregivers, whether parents or other
people, must be responsible in caring for, nurturing and educating their children. You
must also look after its growth and development with love and patience. With the hope
that children can enjoy their life journey as pious or pious children and achieve
independence, which ultimately becomes the pride of religion, nation and humanity.26
Jurisprudence is the product of someone who makes ijtihad guided by the Koran
and Sunnah with the aim of searching for the meaning contained in the texts. Auda
believes that fiqh is a process of human understanding, so it is very possible for there to
be errors in interpreting the texts of the Koran and Sunnah. Because jurisprudence is
understanding, of course understanding requires broad, in-depth knowledge and
competence in all scientific fields. Al-Ghazali's view is that God's decision from the
interpretation of jurists is what they judge to be the most likely truth, but al-Ghazali
excludes laws that have been made permanent by the texts. It is understood that any text
can produce a number of interpretations and implications in accordance with the ijtihad
of the thoughts of jurists as an assessment of the most likely truth.27
A person who is a caretaker for a child, whether the child is an orphan, orphan or
needy, is obliged to protect the child from things that harm him, whether he suffers a loss
in terms of education in the sense of not enjoying education, not having health and so on.
Caring for young children is obligatory, because neglecting it means exposing young
children to the danger of destruction. This care is a right for young children, because they
still need supervision, care and implementation of their affairs from the person who
educates them. The implementation of appropriate parenting strategies or patterns by
orphanages in Jombang Regency aims to meet the needs of their foster children in terms
of education, health and protection and others and lead foster children to achieve success
in the future.
According to Auda, the systems approach in Islam provides a view of Islamic law as
a system, therefore the cognitive character of this system is needed to lead to conclusions
that are most likely to be correct. So, the legal basis in the Qur'an which clearly discusses
the implementation of care in orphanages has not been identified, however, the
implementation and objectives of orphanages are in line with the text of the Qur'an
regarding recommendations for looking after children, children should not be left in a
weak state. the meaning of physical, psychological, economic, health, intellectual, moral
and other weaknesses, this is clearly stated in the Qur'an surah An-Nisa' verse 9. 28 The
26
Mohammad Fauzan Ni’ami Ni’ami and Tutik Hamidah, “REFORMULASI MAQĀṢID AL-SYARĪ’AH
KONTEMPORER: Sistem Nilai Sebagai Tawaran Jasser Auda Menuju Hukum Islam Humanis,” BIDAYAH:
STUDI ILMU-ILMU KEISLAMAN, 2023, 1–19.
27
Ari Murti and Toufan Aldian Syah, “MENELAAH PEMIKIRAN JASSER AUDA DALAM MEMAHAMI
MAQASID SYARIAH,” Citizen: Jurnal Ilmiah Multidisiplin Indonesia 1, no. 2 (2021): 60–67.
28
Jasser Auda, Membumikan Hukum Islam dengan Maqasid al-Syariah, terj. Rodin & Ali Abd

14
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

implementation of strategies or parenting patterns by orphanages in Jombang Regency is

applied with the hope that all the needs and welfare of the foster children will be met in
order to achieve the ideals of the nation's successors..
2. Wholeness

This element shows that every cause-and-effect relationship needs to be seen as an

interrelated part or overall picture of a system. This wholeness can accept all the
propositions both from the Koran and Hadith which are closely related to the aim of
implementing care with the aim of protecting and meeting the needs of the foster child.
The relationship between each part has a specific function, the relationship is formed as a
whole and is dynamic in nature. If the implementation of care in an orphanage is seen and
observed in this category, it certainly has parts that are thoroughly interconnected with
the objectives of Islamic law. The aim of the orphanage is to protect, as Allah SWT says in
surah An-Nisa' verse 9 as follows:
‫َو ْل َيْخ َش ٱَّل ِذيَن َل ْو َت َر ُك و۟ا ِمْن َخ ْل ِفِهْم ُذ ِّر َّيًة ِض َٰع ًف ا َخ اُف و۟ا َع َل ْي ِهْم َف ْل َي َّتُق و۟ا ٱَهَّلل َو ْل َي ُق وُل و۟ا َق ْو اًل َسِد يًد ا‬
“And let those who fear Allah leave behind them weak children whose welfare they fear. Therefore,
let them fear Allah and let them speak the right words" (QS. An-Nisa' [4]: 9).29
Kemudian surat At-Tahrim ayat 6 berikut:
‫َٰٓي َأ ُّيَه ا ٱَّل ِذيَن َء اَم ُن و۟ا ُق ٓو ۟ا َأ نُف َس ُك ْم َو َأ ْه ِليُك ْم َن اًر ا َو ُق وُد َه ا ٱلَّن اُس َو ٱْل ِحَج اَر ُة َع َل ْي َها َم َٰٓل ِئَك ٌة ِغ اَل ٌظ ِش َداٌد اَّل َي ْع ُصوَن ٱَهَّلل َم ٓا َأ َمَر ُه ْم َو َي ْف َع ُل وَن َم ا‬
‫ُيْؤ َم ُروَن‬
“ O you who believe, protect yourselves and your families from the fire of hell whose fuel is people
and stones; the guardians are angels who are rough, tough, and do not disobey Allah in what He
commands them and always do what they are ordered to do.” (QS. At-Tahrim [66]: 6).30
Then in the Prophet's hadith it is also stated that we are advised to love children. The
Prophet gave unlimited mercy to his children and grandchildren, not only to his children,
but to other children, such as the children of his friends, as follows:
‫ َو ُيْق ِع ُد اْل َح َسَن َع َل ى َف ِخِذِه‬،‫َع ْن ُأ َس اَم َة ْب ِن َز ْيٍد ـ رضى هللا عنهما َك اَن َر ُسوُل ِهَّللا صلى هللا عليه وسلم َيْأ ُخ ُذ ِني َف ُيْق ِعُدِني َع َل ى َف ِخِذِه‬
" ‫ ُث َّم َي ُضُّمُهَم ا ُث َّم َي ُق وُل " الَّل ُهَّم اْر َح ْمُهَم ا َف ِإِّن ي َأ ْر َح ُمُهَم ا‬،‫اُأل ْخ َر ى‬
"From Usmah bin Zaid r.a: Rasulullah SAW used to put me on (one) of his thighs and put Al-
Hasan ibn ʻAli on his other thigh, then hugged us and said, "O Allah, please have mercy on them,
because I have mercy on them." (HR. Al-Bukhari).31
The recommendation that every human being must love and look after their
children is contained in the Qur'an and Sunnah, for this reason orphanages are an
alternative in realizing this, namely the implementation of parenting patterns that are
applied. Islam pays special attention to the safeguarding of children, the safeguarding of
individual lives and the lives of humanity as a whole. By taking care of children to fulfill
all their needs, it will certainly create a good generation, and conversely, if you don't take
care of and neglect your children, it will result in a damaged generation of the nation. In
order to achieve this goal, the strategy or parenting pattern implemented by the
orphanage in Jombang Regency, especially the target is orphaned, poor and abandoned

el-Mun’im (Bandung: PT. Mizan Pustaka, 2018), 33-34.

29
Kementerian Agama RI, Al-Qur’an, 78.
30
Kementerian Agama RI, Al-Qur’an, 560
31
Abdullah Muhammad bin Ismail al-Bukhari, Sahih Bukhari, Juz IV (Beirut: Dar al-Kitab al Ilmiyyah, 1992),
No. 6003, 92.

15
 Title

Volume 19 Nomor 1 February 2024: 1-10

children so that they can get a decent life for a bright future. Based on the data collected
by the researcher, it can be concluded that in the wholeness category, the implementation
of care by the orphanage in Jombang Regency is to accept all the arguments that are
closely related to the goals of care in the orphanage.
3. Opennes

Islam is an open system, it has a wide reach. An open system is a system that
constantly interacts with the surrounding environment. Auda believes that openness is
very important for Islamic law, because Islamic law needs renewal in facing new
problems so that it does not become static Islamic law. 32 Islamic law can be developed to
answer the problems of human life in accordance with the needs of the times, Islamic law
can be flexible to adapt to circumstances, places and times.
Based on the data that has been obtained, the implementation of care/care in
orphanages also has an openness category, because the implementation of care in
orphanages is a program organized with the aim of benefiting children. This is done in
order to fortify, prosper and protect the increasing number of neglected children in
Indonesia, one of which is carried out by orphanages in Jombang Regency. As we all feel,
as times progress, human needs also increase, as a result, expectations are too high and
situations do not match what is expected, making a person feel dissatisfied and this has an
impact on children. So in this category, the implementation of care/care by orphanages in
Jombang Regency is an alternative to preventing the global problem of child neglect. By
having updates in the law, it will certainly make it easier for us to live a life that is
constantly updated.

4. Interrelated Hierarchy

According to Auda, the characteristic of a system is that it has a hierarchical

structure. Because the system is composed of small subsystems below it, in this way a
system as a whole can be divided into the similarities and differences of each part. This
hierarchy consists of general maqasid, special maqasid, and partial maqasid. First, general
maqasid are the objectives of sharia that can be found in every discussion of Islamic law,
for example such as necessity and necessity, plus new maqasid such as convenience and
justice..33
The implementation of care (hadanah) in orphanages in this case also has general
maqasid, namely in terms of looking after and educating children to create a bright future
for children. In the Koran it is also clearly stated that children are a trust that must be
looked after in order to achieve their dreams. This goal is supported by Minister of Social
Affairs Regulation Number 30 of 2011 concerning National Child Care Standards for
Child Social Welfare Institutions. Second, special maqasid is maqasid that can be
found/observed behind a text or a particular law as a whole, for example the welfare of
children in family law, then protection from crime from criminal law. From this special
maqasid it can also be confirmed that the implementation of care (hadanah) in
32
Mashuri, “Pendekatan Sistem Dalam Teori Hukum Islam (Perspektif Jasser Auda).”
33
Jasser Auda, Re-Envisioning Islamic Scholarship: Maqasid Methodology as a New Approach (Claritas Books,
2022).

16
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

orphanages is a place of life and continuity for abandoned children, because child neglect
is increasing considering the increasing problems that exist within families, especially in
Jombang Regency. It is hoped that the implementation of care (hadanah) in the orphanage
is in accordance with its main duties and functions. Third, partial maqasid are the
intentions behind a particular text or law, for example in the implementation of care
(hadanah) in an orphanage regarding the welfare and peace of every foster child. Because
in the implementation of care (hadanah) in orphanages there are lessons for foster
children, so that they become ideal, strong and prosperous children for the sake of their
survival.
Based on research that has been conducted, the interrelated hierarchy category is
found in the implementation of care (hadanah) in orphanages in Jombang Regency.
Because in the implementation of care (hadanah) in an orphanage, the scope of benefits is
first, maintaining religion (hifz al-din) by always providing religious lessons in the
orphanage such as the book of faith and other classical books that support the religion of
foster children. as stated in the Qur'an, surah al-Maidah verse 3:
‫ۚ َاْل َي ْو َم َأ ْك َم ْل ُت َلُك ْم ِد يَن ُك ْم َو َأ ْت َم ْم ُت َع َل ْي ُك ْم ِنْع َم ِتى َو َر ِض يُت َلُك ُم ٱِإْلْس َٰل َم ِد يًن ا‬
“On that day I have perfected your religion and I have also perfected My favor upon you, and I am
willing to let Islam become your religion.” (QS. Al-Maidah [5]: 3). 34
Religion is a specialty for humans, religion is the main need that must be fulfilled,
because religion is what can touch the human conscience. In this case, Allah SWT has
clearly advised His people to look after their foster children to fulfill all their needs
because they are trustworthy. So as religious people, of course you have to realize this,
one of which is by realizing care (hadanah) in an orphanage. Second, nurturing the soul
(hifz al-nafs), namely by nurturing, looking after and fulfilling all the child's needs. In the
implementation of care (hadanah) in orphanages in Jombang Regency, the aim is to fulfill
basic needs such as eating 3 times a day to support the survival of foster children, of
course by this improving the quality of caregivers and foster children in the learning that
is carried out. Third, maintaining reason (hifz al-aql) is the most important part of human
life because with reason we can distinguish the nature of humans from other creatures, for
this reason Allah ordered humanity to always maintain it. Implementation of care
(hadanah) in orphanages in Jombang Regency, foster children are provided with
education from elementary school to high school and even college and the education
implemented in the orphanage is also semi-Islamic boarding school education which aims
to strengthen the religion of the foster children.
Fourth, maintaining offspring (hifz al-nasl), namely with offspring, human life
continues. This order is obtained by carrying out a marriage that is valid in the eyes of law
and religion. Islam regulates marriage and forbids adultery, determines who cannot be
married, how the marriage is carried out and what conditions must be fulfilled, so that the
marriage is considered valid and the mixing of two people of different sexes is not
considered adultery and children born from that relationship are considered legitimate
and are the legal descendants of their father. The word of Allah in surah An-Nisa' verse 25
which reads:
‫َف ٱنِكُحوُهَّن ِبِإْذ ِن َأ ْه ِلِهَّن َو َء اُت وُهَّن ُأ ُجوَر ُهَّن ِبٱْل َم ْع ُروِف‬
34
Kementerian Agama RI, Al-Qur’an, 107

17
 Title

Volume 19 Nomor 1 February 2024: 1-10

“So marry them with the permission of their families and give them appropriate dowries” (QS.
An-Nisa‟ [4]: 25).35
Islam teaches to maintain and respect the family system (hereditary), so that each
person has a clear ratio and family line for the benefit of society in order to create a calm
and peaceful life. In the good news of the Qur'an and hadith there is also a
recommendation for humans to marry with the aim of continuing the lineage. For this
reason, the implementation of care (hadanah) in orphanages in Jombang Regency is
carried out for a noble purpose, namely providing alternative care as a substitute for
parents, fulfilling all needs for the continuity and achievement of the nation's next
generation who are devoted to religion and the state.
Fifth, maintaining assets (hifz al-mal), in this case humans need assets to fulfill their
daily needs to survive. Allah encourages his servants to try to make it happen so that their
lives do not lack anything. This is related to the implementation of care (hadanah) by
orphanages in Jombang Regency where in the process there is a single financial door for
foster children which is managed well and reported every month. This is related to
fulfilling the rights of foster children and the obligations of caregivers to create benefits
for foster children.
5. Multidimentionality

This category explains that a system is a unit, not a single thing, it consists of several
parts that complement each other because Islamic law is a system that has various
dimensions. In the multidimensional category, Auda criticizes the roots of oppositional
thinking in Islamic law. According to Auda, the division of arguments between qat'i and
zanni is too dominant in the methodology for determining Islamic law. Oppositional
thinking in this case needs to be eliminated so that methodological reductions do not
occur, and also to reconcile several propositions whose meanings are contradictory. So a
combination is needed with the maqasid approach as the main goal of law. So faqihs are
required to think multidimensionally, it is not enough to only think in one or two
dimensions.36
Jurisprudence experts are required to think multidimensionally, it is not enough to
only think in one or two dimensions. For example, prayer must follow everything
practiced by the Prophet SAW. However, there are so many hadiths with different
meanings that they cause conflict. In understanding this problem, it is necessary to look at
it from the point of view of convenience so that it will show flexibility in interpreting it.
With multidimensionality combined with a maqasid approach, it will provide solutions to
the propositions that appear to be contradictory. By expanding the dimensions we can
interpret the propositions in the context of unification. Furthermore, basically every
proposition, both qat'i and zanni, has different dimensions and sometimes also
contradicts each other. For this reason, Auda, in his maqasid theory, argues that these

35
Kementerian Agama RI, Al-Qur’an, 82.
36
Auda, Maqasid Al-Shari’ah as Philosophy of Islamic Law.

18
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

conflicting propositions must be reconciled by combining the two Maqasid Sharia of these
propositions.37
The explanation above and the data that has been collected can certainly be
understood that the implementation of care (hadanah) in orphanages can be seen using
more than one dimension or multidimensional, namely in terms of objectives and
benefits. Apart from the welfare of children, it also prevents child neglect. Implementation
of care (hadanah) in orphanages is an option to build the nation's future because the hope
of a nation is children as a generation, the more successful good care is, the bigger impact
it will have on the country..
6. Purposefullness

In a system there is an output. This output is the goal that the system has produced.
Auda believes that realizing maqasid is an important basis and the most basic foundation
in the Islamic legal system. Maqasid of Islamic law is the core objective of all ushul and
rational ijtihad methodologies. For this reason, the validity of ijtihad must be determined
based on the level of its intent, namely the level of realization of Maqasid Syariah carried
out. Exploring and understanding maqasid must be returned to the texts, namely the
Koran and hadith, not to the opinions of mujtahids. Therefore, the aim of maqasid is to
become a reference for the validity of each ijtihad, without linking it to a particular
madzab. The aim of enacting a law must return to the benefit of the surrounding
community. The implementation of care (hadanah) in orphanages in this category is in
harmony because the aim of holding it is for the common good, especially for foster
children, considering the high incidence of child neglect which occurs due to social
problems in families in Indonesia.
Implementation of the fulfillment of children's rights by orphanages in Jombang
Regency from the perspective of Maqasid Syariah Jasser Auda is very important as a
primary need for the continuity of life in the welfare of neglected children, especially
children in orphanages, because with this effort, life will be balanced from inequality,
both from the smallest environment, namely the family, and a wider reach, namely the
community, country and even the global level throughout the world.

3. 4. Conclusions
The strategy for fulfilling children's rights in orphanages in Jombang Regency
includes fulfilling basic needs, education, health, protection and justice. The obstacles faced
are conflicts between children, lack of caregivers, different backgrounds, and financial
limitations. Treatment efforts include mediation and coaching, coordination with social
services, psychological support, and collaboration with similar agencies. The implementation
of fulfilling children's rights carried out by orphanages in Jombang Regency from the
Maqasid Syariah perspective is to strengthen and not conflict with the Islamic legal system.
Orphanages in Jombang Regency holistically implement these principles to fulfill children's
rights within the framework of Islamic law. They not only focus on aspects of physical needs,
but also pay attention to the spiritual, emotional, intellectual and social needs of the children
living in the orphanage.

37
Faiqotul Himmah Zahroh, “Pandangan Maqasid Al-Syari ‘ah (Hukum Islam) Perspektif Al-Syatibi Dan Jasser
Auda,” Al-I’jaz: Jurnal Studi Al-Qur’an, Falsafah Dan Keislaman 3, no. 1 (2021): 19–30.

19
 Title

Volume 19 Nomor 1 February 2024: 1-10

4. 5. Acknowledgments
We would like to thank Hasyim Asyari University for the opportunity and support
provided during the writing of this report. We would also like to thank the lecturers and
teaching staff who have provided guidance and direction in this research. We hope that this
report can provide benefits and contribute to the development of science at Hasyim Asyari
University

5. 6. Funding (optional)
No funding was received for this study.

6. 7. Reference
Afriani, Osy, M Salam, and Heri Usmanto. “Peran Panti Asuhan Dalam Menanamkan
Pendidikan Karakter Anak Asuh.” Jurnal Kewarganegaraan 5, no. 2 (2021): 539–51.
Astutik, Juli, Peggy Puspa Haffsari, Zaenal Abidin, and Hutri Agustino. “PENDAMPINGAN
PANTI ASUHAN MENUJU LEMBAGA KESEJAHTERAAAN SOSIAL ANAK (LKSA)
YANG ‘TERAKREDITASI.’” Jurnal Pengabdian Pada Masyarakat MEMBANGUN NEGERI
5, no. 2 (2021): 201–14.
Auda, Jasser. Maqasid Al-Shari’ah as Philosophy of Islamic Law. International Institute of Islamic
Thought (IIIT), 2022.
———. Re-Envisioning Islamic Scholarship: Maqasid Methodology as a New Approach. Claritas
Books, 2022.
Erdianti, Ratri Novita. Hukum Perlindungan Anak Di Indonesia. Vol. 1. UMMPress, 2020.
Handayani, Arri. How to Raise Great Family: Mengasuh Anak Penuh Kesadaran. Gramedia
widiasarana indonesia, 2019.
Hayat, Aay Siti Raohatul. “Impelementasi Pemeliharaan Jiwa (Hifz Al-Nafs) Pada
Pengasuhan Anak Berbasis Keluarga.” FOKUS Jurnal Kajian Keislaman Dan
Kemasyarakatan 5, no. 2 (2020): 151–70.
Herawati, Herawati, and Kamisah Kamisah. “Mendidik Anak Ala Rasulullah (Propethic
Parenting).” Journal of Education Science 5, no. 1 (2019).
Jati, Wafdane Dyah Prima. “Literasi Digital Ibu Generasi Milenial Terhadap Isu Kesehatan
Anak Dan Keluarga.” Jurnal Komunikasi Global 10, no. 1 (2021): 1–23.
Kurniawan, Andri, Ayu Reza Ningrum, Uswatun Hasanah, Novian Riskiana Dewi, Nungky
Kurnia Putri, Hadisa Putri, and Loeziana Uce. Pendidikan Anak Usia Dini. Global
Eksekutif Teknologi, 2023.
Manurung, Kosma. “Membingkai Kontribusi Orang Tua Kristen Dalam Mengajarkan
Tanggung Jawab Pada Anak.” CHARISTHEO: Jurnal Teologi Dan Pendidikan Agama
Kristen 2, no. 1 (2022): 73–85.
Mashuri, Ilham. “Pendekatan Sistem Dalam Teori Hukum Islam (Perspektif Jasser Auda).”
FITRAH: Jurnal Kajian Ilmu-Ilmu Keislaman 5, no. 1 (2020): 11–28.
Murti, Ari, and Toufan Aldian Syah. “MENELAAH PEMIKIRAN JASSER AUDA DALAM
MEMAHAMI MAQASID SYARIAH.” Citizen: Jurnal Ilmiah Multidisiplin Indonesia 1, no.
2 (2021): 60–67.

20
 DiH: Jurnal Ilmu Hukum

Evi Kongres, Sultoni Fikri

Nafsiah, Gina. “Peran Pengasuh Dalam Membentuk Akhlak Mulia Melalui Kedisiplinan Di
Panti Asuhan Al-Ihsan Muhammadiyah Putra Kota Banjarmasin,” 2021.
Ni’ami, Mohammad Fauzan Ni’ami, and Tutik Hamidah. “REFORMULASI MAQĀṢ ID AL-
SYARĪ’AH KONTEMPORER: Sistem Nilai Sebagai Tawaran Jasser Auda Menuju
Hukum Islam Humanis.” BIDAYAH: STUDI ILMU-ILMU KEISLAMAN, 2023, 1–19.
Nurhayati, Nurhayati, and I Gusti Ayu Wulan Budi Setyani. “Trauma Masa Anak-Anak Dan
Perilaku Agresi.” Psikobuletin: Buletin Ilmiah Psikologi 2, no. 3 (2021): 164–74.
Nurkhotimah, Siti. “Peran Pengasuh Dalam Membentuk Karakter Religius Di Panti Asuhan
Budi Mulya Sukarame Bandar Lampung.” UIN Raden Intan Lampung, 2019.
Nurusshobah, Silvia Fatmah. “Konvensi Hak Anak Dan Implementasinya Di Indonesia.”
Jurnal Ilmiah Kebijakan Dan Pelayanan Pekerjaan Sosial (Biyan) 1, no. 2 (2019).
Ramadita, Desta Anjani, Lilis Karwati, and Lulu Yuliani. “Peran Pengasuh Panti Asuhan
Dalam Melaksanakan Fungsi Pengganti Keluarga.” Student Journal of Community
Education, 2023, 13–24.
Ramdhan, Muhammad. Metode Penelitian. Cipta Media Nusantara, 2021.
Saepullah, Usep. “Hakikat Dan Transformasi Hukum Keluarga Islam Tentang Perlindungan
Anak.” LP2M UIN Sunan Gunung Djati, 2021.
Satino, Satino, Rosalia Dika Agustanti, Taupiqqurrahman Taupiqqurrahman, Ali Imran
Nasution, and Rianda Dirkareshza. “Sosialisasi Dan Pendampingan Dalam Upaya
Pemenuhan Hak-Hak Anak Korban Kekerasan Dan Diskriminasi.” Jurnal Altifani
Penelitian Dan Pengabdian Kepada Masyarakat 3, no. 1 (2023): 78–87.
Susilowati, Ellya. “Praktik Perlindungan Anak Terlantar Di Lembaga Kesejahteraan SOSIAL
ANAK.” Sosio Informa: Kajian Permasalahan Sosial Dan Usaha Kesejahteraan Sosial 8, no. 1
(2022).
Wahyuningsih, Yuliana Yuli, Iwan Erar Joesoef, and Marina Ery Setiyawati. “Sosialisasi
Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak Sebagai Upaya
Dalam Pemenuhan Hak-Hak Anak Menjadi Korban Diskriminasi Dan Kekerasan.”
Jurnal Abdimas Le Mujtamak 2, no. 2 (2022): 100–112.
Zahroh, Faiqotul Himmah. “Pandangan Maqasid Al-Syari ‘ah (Hukum Islam) Perspektif Al-
Syatibi Dan Jasser Auda.” Al-I’jaz: Jurnal Studi Al-Qur’an, Falsafah Dan Keislaman 3, no. 1
(2021): 19–30.

21