Discrimination Against Girls in Education Within the Family: Perspective Islamic Family Law and Indonesian National Law

Abstract

Discrimination against girls in access to education remains a reality in many communities, particularly within the family. This practice is often rooted in cultural beliefs, local traditions, or misguided religious interpretations that view boys as more deserving of formal education than girls. This study aims to examine the forms of educational discrimination against girls within the family, analyze them from the perspective of Islamic family law and national law in Indonesia, and assess the relevance of the principle of equality of children’s rights in education as stipulated in legislation and international conventions. The method used is a normative legal approach, analyzing legislation such as Law No. 23 of 2002 on Child Protection, Law No. 20 of 2003 on the National Education System, and the Compilation of Islamic Law. The research findings indicate that educational discrimination against girls contradicts the principles of justice and equality in both Islamic and national law. Islam, in principle, does not distinguish between the educational rights of boys and girls, and the state guarantees equal access to education for all children. Therefore, discriminatory practices within families must be addressed through legal measures, social education, and the promotion of legal literacy in the community. This study recommends the importance of the role of the government, educational institutions, and religious leaders in eliminating cultural stigmas that limit girls’ access to a proper education, as well as in enforcing the law against violations of children’s rights within the family sphere.