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1
Wahyudi, Muhamad Isna. "MENUJU HUKUM PERKAWINAN ISLAM PROGRESIF TOWARDS PROGRESSIVE ISLAMIC MARRIAGE LAW." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 59. http://dx.doi.org/10.25216/jhp.3.1.2014.59-68.
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There are some provisions on the Bill of Religious Judicature Substantial Law on Marriage that need to be formulated in accordance with the present time. In this way, the Islamic Law of Marriage in Indonesia will be progressive and not discriminative against women. Those provisions include the pillar of marriage, the age of marriage, the guardian of marriage, and the status of child. This article tries to contextualize those provisions in accordance with the present time using hermeneutical approach. As the result, the registration of marriage should be one of the pillars of marriage, the age of marriage should be formulated by considering women’s reproduction health, the guardian of marriage for the bride is not pillar of marriage, and the child of pregnant woman marriage is counted as legal child whose lineage to both parents. Keywords: pillar of marriage, the age of marriage, the guardian of marriage, and the status of child.
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Elkhairati, Elkhairati. "Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah)." Al-Istinbath : Jurnal Hukum Islam 3, no. 1 (June 29, 2018): 87. http://dx.doi.org/10.29240/jhi.v3i1.403.
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This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).
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Alanshori, M. Zainuddin. "Usia Ideal Menikah Prespektif UU Pernikahan Dan Hukum Islam “Analisis Penetapan Pengadilan Agama Lamongan No: 70/Pdt.P/PA.Lmg. Tentang Kemampuan Memberi Nafkah Sebagai Alasan Dispensasi Kawin”." AKADEMIKA 9, no. 1 (June 30, 2015): 53–68. http://dx.doi.org/10.30736/akademika.v9i1.73.
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This study aims to answer the question about what considerations taken by Lamongan Religious Court judges against the decision of marriage dispensation on the grounds of being capable of providing nafkah (livelihood support) and how the analysis of the Marriage Law and Islamic Law in Indonesia towards the decision of Lamongan Islamic Court judges on marriage dispensations on the grounds of being capable of providing nafkah.To answer the above question, the writer uses data collection techniques through both documentation and interview. Documentation in the form of Lamongan Islamic Court decision and library reviews are then analyzed by using analytical and descriptive methods with a deductive mindset.This study concludes that the judges set marriage dispensations on the grounds of being capable of providing nafkah and is based on the grounds that all the requirements to perform marriages are met except the age requirement for prospective bridegroom that has not attained the age of 19 years, as referred to in the Compilation of Islamic Law Article 15 Paragraph 1: (1) "For the benefit of families and households, marriage should only be carried out by prospective brides who have attained the age specified in Article 7 of Law Number 1/1974 the husband candidates at least 19 years old and prospective wives at least16 years old." All this is also in conformity with some written evidence and witnesses. Lamongan Religious Court decision in determining the marriage dispensation is very relevant to Islamic Law and Law No. 1, 1974, though in their legal considerations, the judges are less concerned about the capability of prospective husband. Thus, the decision does not imply the validity of marriage, as in the case of Islamic jurisprudence (fiqh) it is allowed as long as there is no necessary element of fraud or injured party due to the marriage.
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Nurcholis, Moch. "USIA NIKAH PERSPEKTIF MAQASHID PERKAWINAN." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 8, no. 1 (June 1, 2020): 1–18. http://dx.doi.org/10.52431/tafaqquh.v8i1.232.
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This research departs on academic anxiety related to the rationale of determining marriage age requirements in the statute, which is not regulated in classical fiqh. The main issues to be examined are concerning: (1) Determination of marriage age requirements according to Islamic law (2) Equalization of male and female marriage ages according to Islamic law (3) Correlation of equal marriage age with marriage maqashid. The results of the study concluded that; (1) Determination of the age requirement of marriage, however it is not discussed in classical fiqh, but has an academic foundation in accordance with Islamic law; (2) Equalization of male and female marriage age is in accordance with the principle of equality (al-musawah) in Islamic law; (3) Equalization of marriage age has a positive correlation in realizing maqashid marriage.
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Kamarusdiana, Kamarusdiana, and Ita Sofia. "Dispensasi Nikah Dalam Persfektif Hukum Islam, Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam." SALAM: Jurnal Sosial dan Budaya Syar-i 7, no. 1 (February 9, 2020): 49–64. http://dx.doi.org/10.15408/sjsbs.v7i1.14534.
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AbstractMarriage dispensation is a legal solution because most of the perpetrators of marriage dispensation are those who do not yet have formal legality to get married, so they then take the legal initiative so that marriages can be recognized. This study aims to determine the perspective of Islamic law, Marriage Law and Compilation of Islamic Law regarding marriage dispensation. The method used is qualitative with primary data sources from the Marriage Law, the Book of Fiqh and the Compilation of Islamic Law while secondary data are books, journals, magazines related to marriage dispensation. The results of this study found that Islamic law does not specifically regulate marriage dispensation because the majority of scholars only mention balig as a condition for marrying a person and do not specify a minimum age of marriage, whereas Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law strictly regulates underage marriage , i.e. must go through a court hearing mechanism to obtain a marriage dispensation permit.Keywords: Marriage Dispensation, Compilation of Islamic Law AbstrakDispensasi Nikah sebagai solusi hukum karena para pelaku dispensasi nikah kebanyakan mereka yang belum memiliki legalitas formal untuk menikah, sehingga kemudian mengambil ikhtiar hukum agar pernikahan yang dilakukan dapat diakui. Penelitian ini bertujuan mengetahui perspektif hukum Islam, Undang-undang Perkawinan dan Kompilasi Hukum Islam tentang dispensasi nikah. Metode yang digunakan adalah kualitatif dengan sumber data primer dari Undang-Undang Perkawinan, Kitab Fiqh dan Kompilasi Hukum Islam sedangkan data sekunder adalah buku-buku, jurnal, majalah yang terkait dengan dispensasi nikah. Hasil penelitian ini menemukan bahwa Hukum Islam tidak mengatur khusus dispensasi nikah karena mayoritas ulama hanya menyebutkan balig sebagai syarat menikah seseorang dan tidak menentukan minimal usia perkawinan, sedangkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam mengatur ketat tentang perkawinan di bawah umur, yaitu harus melalui mekanisme sidang pengadilan untuk mendapatkan izin dispensasi perkawinanKata Kunci: Dispensasi Nikah, Kompilasi Hukum Islam
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Shofiyulloh, Shofiyulloh. "Target Usia Perkawinan bagi Perempuan." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 2 (December 10, 2019): 201–20. http://dx.doi.org/10.24090/yinyang.v14i2.2946.
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This study illustrates the paradigm of students at the Islamic boarding school Darussalam towards the target age of marriage. It is interesting to study when the target age is significantly analyzed in the perspective of female students. This is because, in general, marriages that occur among female students are known as arranged marriages. However, this paper explores the opinions of each female santri in determining the ideal marriage age limit for their perspective. Previously, it was reviewed in advance regarding the age regulation of maturity according to classical fiqh and the rules of legislation, in this case Law No. 1 of 1974 and compilation of Islamic Law (KHI). The final analysis is to analyze the results of a survey of about 30 female students of the Darussalam boarding school. Then proceed with classifying the age of marriage in four classifications, namely the age of marriage in an ideal level, sufficient, alert, and alert. The findings of this paper provide a clear picture that women's rights in determining the age of marriage are strongly influenced by their physical and mental maturity. Therefore, indirectly invalidated at least the age of 16 years for women regulated in the Act does not pay attention to the wishes of women themselves.
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Wiyani, Novan Ardy. "Epistemologi Pendidikan Anak bagi Ayah menurut Luqman." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 2 (December 10, 2019): 311–28. http://dx.doi.org/10.24090/yinyang.v14i2.3034.
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This study illustrates the paradigm of students at the Islamic boarding school Darussalam towards the target age of marriage. It is interesting to study when the target age is significantly analyzed in the perspective of female students. This is because, in general, marriages that occur among female students are known as arranged marriages. However, this paper explores the opinions of each female santri in determining the ideal marriage age limit for their perspective. Previously, it was reviewed in advance regarding the age regulation of maturity according to classical fiqh and the rules of legislation, in this case Law No. 1 of 1974 and compilation of Islamic Law (KHI). The final analysis is to analyze the results of a survey of about 30 female students of the Darussalam boarding school. Then proceed with classifying the age of marriage in four classifications, namely the age of marriage in an ideal level, sufficient, alert, and alert. The findings of this paper provide a clear picture that women's rights in determining the age of marriage are strongly influenced by their physical and mental maturity. Therefore, indirectly invalidated at least the age of 16 years for women regulated in the Act does not pay attention to the wishes of women themselves.
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Djubaedah, Neng. "CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW." Jurnal Hukum & Pembangunan 49, no. 1 (April 4, 2019): 210. http://dx.doi.org/10.21143/jhp.vol49.no1.1917.
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Article 7 paragraph (1) of Law No. 1 Year 1974 on Marriage determines marriage permitted if the man is 19 years old and female 16 years old. The age limit of marriage for 16-year-old women is considered an early age and is a problem. Child marriage in this paper is a marriage performed by men and women under the age of 18 years. It is able to cause divorce and obstruction of education. In addition to article 7 paragraph (1), child marriage is also due to pregnancy due to free sex (zina) of teenagers. According to Islamic Law, zina is an out-of-wedlock marriage committed deliberately and consciously by man and woman with their individual willingness, likes, without coercion. How is the protection of Article 7 paragraph (1) on child marriage and women under18 years old who commit zina in terms of Islamic Law? The method of research is normative-juridical and descriptive-qualitative, apply the theory ofmaqashid al-shari’a and neo receptio a contrario theory
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Yusupova, Nigora. "Important Terms And Conditions Of Marriage Agreement In Islamic Law." American Journal of Social Science and Education Innovations 02, no. 11 (November 16, 2020): 36–48. http://dx.doi.org/10.37547/tajssei/volume02issue11-07.
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Today, a comprehensive study of social aspects, cultural and spiritual, as well as socio-economic, legal, educational and organizational features of family relations is one of the questions of the hour. The relevance of the issue is that, first of all, at the present stage of development of our society, it is socially necessary to conduct a scientific analysis of the Islamic doctrine regarding family relations in the process of increasing the spirituality of the Uzbek people, including religious literacy. Secondly, when analyzing and studying the basic principles of Sharia norms, it is necessary to correctly use this knowledge in the search for solutions to issues, reasons, and the nature of growing family divorces, which is very relevant today. In this regard, this article highlights the essence and characteristics, as well as the socio-economic, spiritual and cultural foundations of the conditions and obstacles to marriage, in Islamic teachings, which were considered in the region as traditions. The article also examines and comparatively analyzes the religious, spiritual, legal, economic and educational factors of the conditions of marriage: free mutual consent to marriage, participation of witnesses in marriage, equality, makhr; circumstances that prevent marriage: a ban on marriage between relatives, issues of marriageable age under Islamic law with the norms of family law.
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Zubaidah, Dwi Arini. "PENCATATAN PERKAWINAN DALAM PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH JĀSIR ‘AUDAH." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 1 (August 6, 2020): 15. http://dx.doi.org/10.14421/ahwal.2019.12102.
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Procedural rules for marriage recording have led to speculation that marriage records are only considered more administrative requirements. So that up to now under-age marriages are still often found among the public. The purpose of this study is to show the urgency of a marriage record for those bound by marriage. The type of research used is library research and descriptive analysis that describes objectively the rules of marriage recording by analyzing using the theory of maqāṣid ash-syarī'ah as a methodology approach to the philosophy of Islamic law. Based on the results of the study, the rules for recording marriage are a product of Islamic law reform that is at the forefront of the present. Marriage registration is a renewal of Islamic law as a new form of ijtihad towards witnessing in a marriage. By registering the marriage civil rights of the parties concerned will be guaranteed and secure. A marriage that is carried out may not be enough with a testimony according to existing marriage conditions. The logical consequence of the development of the developing period is also evidence that determines the validity of marriage. Features of Jāsir system theory udah Audah is six, namely the character of cognition, overallness, openness, interrelated hierarchy, multidimensionality, and intentions. The whole feature of Jāsir udah Audah is applicative which can realize the idea of the rules of marriage registration as a legitimate condition for determining a marriage.
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Maula, Bani Syarif. "Perlindungan Perempuan dalam Hukum Perkawinan di Indonesia." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 1 (July 23, 2019): 14–38. http://dx.doi.org/10.24090/yinyang.v14i1.2825.
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The Indonesian Constitutional Court granted part of the claim for the judicial review lawsuit on Law No. 1 of 1974 concerning Marriage for Article 7 Paragraph 1 related to the age of marriage. The article is considered discriminatory against women and is considered legalizing child marriages because the lowest age limit for women can be married is 16 years old, different from the lowest age limit for men, 19 years old. The global consensus on the need to abolish early marriage, forced marriage, and child marriage is actually made and agreed upon by UN member countries, including Indonesia. There are a number of adverse effects that can arise in child marriage, such as impacts related to health, education and economic aspects, including violations of children's rights. This paper examines the age limit of marriage in the perspective of Islamic law, which can then become state policy. Marriage is a legal act that requires the doers to meet the criteria of legal competency. Marriage also requires the responsibility of the parties to fulfill their rights and obligations, so that the aspect of maturity in marriage is a must.
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Sitorus, Iwan Romadhan, and Yusmita Yusmita. "THE AGE OF MARRIAGE ON INTERDISIPLINARY ISLAMIC LAW PERSPECTIVES." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 1. http://dx.doi.org/10.29300/mzn.v7i1.3137.
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Law Number 16 Year 2019 in article 7 provides an age limit for each person who will marry at the age of 19 years for men- and 19 years for women. The age limit given by the law does not look comprehensively in biological, sociological readiness, and so on. The modified law should be able to realize the benefit of the husband and wife in fostering the household. Determination of marriage age aims to protect offspring, create a family that is sawah mawaddah wa rahmah, maintain lineage, maintain family relationships, maintain diversity in the family, and prepare for maturity in the economy by paying attention to various aspects, both aspects, psychological, sociological, biological and certainly religious aspects. so that it can create a family in accordance with the marriage ceremony
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Salenda, Kasjim. "Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia." Al-Jami'ah: Journal of Islamic Studies 54, no. 1 (June 25, 2016): 95. http://dx.doi.org/10.14421/ajis.2016.541.95-121.
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This article examines the prevalence of child marriage in South-Sulawesi Indonesia including people’s perceptions and its factors contributing to child marriage and the use religion to justify their actions. They perceive child marriage as the marriage conducted prior to the age of 16 for woman and of 19 for man as stipulated in the Marriage Law No.1 of 1974, as well as the marriage before ‘akil balig’. Various determinants for child marriage are cultural norms or values of ‘siri’ (shame) for family honour; family prestige and kinship; uneducated parents; economic burden for family and inconsistency in legislation. No religious teachings or Islamic Law clearly support the prevalence of child marriage because the purpose of marriage in Islam is to perform a happy and harmonious relationship among the couple. The use of the Prophet Muhammad’s marriage to Aisha in the age of six as the fundamental basis for child marriage is unjustified.[Tulisan ini membahas kasus-kasus pernikahan anak di Sulawesi Selatan, termasuk persepsi masyarakat dan faktor-faktor pendukungnya diantaranya penggunaan dalil agama (Islam) untuk membenarkan tindakan tersebut. Masyarakat memahami pernikahan anak sebagaimana tercantum dalam UU Pernikahan No. 1 Tahun 1974 bahwa pernikahan anak terjadi pada usia dibawah 19 tahun bagi laki-laki dan 16 tahun bagi perempuan dan atau mereka yang belum akil balig’. Beberapa factor dominan dalam pernikahan anak antara lain; norma adat lokal (‘siri), kehormatan keluarga dan kerabat, orangtua yang kurang terpelajar, beban ekonomi keluarga dan ketidakkonsisten penegakan peraturan. Pada dasarnya tidak ada ajaran Islam atau fiqih yang secara tegas mendukung pernikahan anak karena tujuan dari pernikahan dalam Islam adalah kebahagiaan dan keharmonisan hubungan antar suami istri. Menggunakan rujukan pernikahan Nabi Muhammad dengan Aisyah saat usia enam tahun merupakan perkara yang tidak bisa dibenarkan.]
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Chotban, Sippah. "STUDI KRITIS PERNIKAHAN BAWAH UMUR PERSPEKTIF UUP NO. 16 TAHUN 2019 DAN GENDER ANALISIS." Al-Risalah Jurnal Ilmu Syariah dan Hukum 19, no. 2 (February 24, 2020): 208. http://dx.doi.org/10.24252/al-risalah.v19i2.12732.
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The age of marriage between women and men in the legal structure in Indonesia is an important element and becomes a tough polemic and discourse among academics, practitioners and political elites. This is indicated by, among other things, the following discourse and regulations that specifically regulate marital age, namely Marriage Law Number 1 of 1974 Article 7 (1) which confirms that the marriage age limit is 16 for women and 19 for men. The marriage age limit provisions are further reaffirmed in Article 15 (1) of the Compilation of Islamic Law (KHI) No. 1 of 1991. In its development, the marriage age limit has not fulfilled a sense of justice, until legal measures are taken to review it, so UUP No. 16 of 2019 Article 7 paragraph 1 which states that the age limit for marriage of women and men is 19 years. Equal age restrictions have a purpose - among other things - to create early equality between women and men in marriage, while at the same time being able to suppress and minimize underage marriages so that marital human rights can be realized, as well as destructive things -negative does not happen. The problem then is whether the presence or presence of UUP No. 16 of 2019 will reduce and minimize the number of underage marriages? And will this create an atmosphere of domestic life that is far from manifestations of gender inequality?
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Muslih, Muhamad. "Perbandingan Prosedur Perkawinan Adat Baduy dengan Kompilasi Hukum Islam." Kanun Jurnal Ilmu Hukum 21, no. 3 (February 13, 2020): 437–58. http://dx.doi.org/10.24815/kanun.v21i3.14302.
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Penelitian ini bertujuan untuk membandingkan perkawinan masyarakat Baduy (baik Baduy Dalam, Baduy Luar, maupun Baduy Muslim) dengan perkawinan yang diatur dalam Kompilasi Hukum Islam. Penelitian ini juga menjelaskan tentang perlunya pembentukan peraturan daerah yang berkaitan dengan prosedur perkawinan bagi masyarakat Baduy dalam rangka mendukung kelestarian hukum adat Baduy, seperti peraturan daerah yang telah ada sebelumnya (Peraturan Daerah Kabupaten Lebak No. 32 Tahun 2001 tentang Perlindungan Atas Hak Ulayat Masyarakat Baduy). Penelitian ini menggunakan metode penelitian normatif, dengan studi terhadap bahan hukum. Hasil dari penelitian ini menunjukkan bahwa terdapat banyak perbedaan antara perkawinan masyarakat Baduy dengan perkawinan yang diatur dalam Kompilasi Hukum Islam, seperti masyarakat Baduy tidak mengenal poligami, tidak mengenal perceraian, melakukan pernikahan dini, dan lain-lain. Padahal Kompilasi Hukum Islam telah mengatur poligami, perceraian, dan batas umur menikah. Karena masyarakat Baduy semakin lama-semakin banyak keturunannya, maka peraturan daerah yang mengatur perkawinan Baduy pun harus segera dibentuk sesuai dengan hukum adat Baduy dan Kompilasi Hukum Islam (bagi Baduy Muslim). The Comparison of Marriage Procedures Between Baduy and Kompilasi Hukum Islam This study aims to compare between the marriages in the Baduy community (Inner Baduy, Outer Baduy, and Muslim Baduy) and marriages arranged by the Compilation of Islamic Law. This study also examine the need for the establishment of a Regional Regulation relate to marriage procedures in the Baduy community in order to support the preservation of Baduy customary law (such as the pre-existing Regional Regulation namely Lebak District Regulation No. 32 of 2001 concerning Protection of the Customary Rights of the Baduy). This study uses normative methods. The results indicate that there are many differences between Baduy marriages and marriages arranged in the Compilation of Islamic Law such as Baduy people never do a polygamy, divorce, early marriage, and others. Though Compilation of Islamic Law has regulated polygamy, divorce, and the age limit for marriage. In addition, because the Baduy community is getting more and more offspring, as aresult it needs the Regional Regulation governing Baduy marriages in accordance with the Baduy Customary Law and Compilation of Islamic Law (for Muslim Baduy).
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N, Nastangin. "TELAAH FILOSOFIS TERHADAP UNDANG-UNDANG PERKAWINAN NOMOR 1 TAHUN 1974 PASAL 7 AYAT (1) TENTANG BATAS USIA PERNIKAHAN." Ahkam: Jurnal Hukum Islam 8, no. 1 (July 1, 2020): 89–108. http://dx.doi.org/10.21274/ahkam.2020.8.1.89-108.
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Underage marriage is marriage between men and women who both have not reached the age of 19 years for men and 16 years for women according to the regulations in the Marriage Law No. 1 of 1974. Marriage is done legally in formal lawand state law. State that is invalid if it does not meet the requirements. In the perspective of religion, underage marriage is marriage carried out by people who have not been mature. The majority of Islamic Law experts legalize early marriage. This understanding is the result of the interpretation of Q.S.Ath-Thalak: 4 and historical records The Prophet married Aisyah at a young age. Some scholars also legalize underage marriage has become a consensus of Islamic law experts. The purpose of this paper is to find out the nature of the existence of marriage records. This research uses a philosophical approach, by explaining the nature and wisdom of its formal object. The conclusion is that there is age limitation to give benefit to someone who wants to get married because age is very influential on family life
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Nashuddin, Nashuddin. "EARLY-AGE MARRIAGE IN PERPECTIVE OF INDONESIAN ISLAMIC FAMILY LAW." Al-Mawarid 15, no. 2 (November 14, 2015): 97–122. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art5.
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Taufiq, Thiyas Tono, and Qotrunnada Zulfa Hafsari. "PRO DAN KONTRA PANDANGAN PEGAWAI PENCATAT NIKAH (PPN) ATAS PERUBAHAN BATASAN USIA MINIMAL PERKAWINAN DALAM UNDANG-UNDANG NOMOR 16 TAHUN 2019." Jurnal Asy-Syukriyyah 22, no. 1 (April 19, 2021): 93–111. http://dx.doi.org/10.36769/asy.v22i1.138.
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This research focuses on discussing changes in the minimum age for marriage as stipulated in Law Number 16 of 2019 as an amendment to Law Number 1 of 1974 concerning marriage. The new Marriage Law changes the minimum marriage limit for men and women who will marry at least 19 years of age, previously the marriage limit for men is 19 years old and for women is 16 years old. This research seeks to find the pros and cons of legalizing the minimum age limit for marriage according to the views of the staff of the marriage register at the Office of Religious Affairs (KUA) in Yogyakarta who were non-randomly selected. The results of this research indicate that the process of changing the age limit of marriage does not see the pros and cons in society. Most importantly, the enactment of this law can hurt women, so that the purpose of reforming Islamic family law can realize legal unification by the times.
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Muhammadi, Fauzan, Eva Wulandari, and M. Hajir Susanto. "Islamic triangle concept of marital age: Indonesian experience." Legality : Jurnal Ilmiah Hukum 29, no. 2 (May 27, 2021): 161–72. http://dx.doi.org/10.22219/ljih.v29i2.14162.
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Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three parallel concepts: maslahah, ra’iyyatul imam manūtun bil maslahah, and sadd al-zarī’ah, all of which allow valuable considerations based on actual problematic issues of underage marriage.
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Natsif, Fadli Andi. "Problematika Perkawinan Anak (Perspektif Hukum Islam dan Hukum Positif)." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 5, no. 2 (December 21, 2018): 175. http://dx.doi.org/10.24252/al-qadau.v5i2.7101.
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Fenomena maraknya perkawinan anak menimbulkan problematika, baik dari segi perspektif hukum Islam (fikih) maupun hukum positif. Kajian ini menggunakan metode pendekatan studi peraturan perundang-undangan dan pandangan para ahli yang tercantum dalam berbagai buku (literatur). Hasil pembahasan dalam kajian ini menyimpulkan bahwa problematika perkawinan anak menimbulkan perbedaan pemahaman isi atau nash dalam hukum Islam (fikih). Selain itu dalam hukum positif, yaitu UU Perkawinan dan UU Perlindungan Anak, ada pertentangan di dalamnya terkait usia anak. Problematika ini membawa dampak negatif berupa psikis dan pikiran terhadap perkawinan yang dilangsungkan oleh anak.The phenomenon of the rise of child marriage raises problems, both in terms of perspective Islamic law (fiqh) and positive law. This study uses the statute study approach method and the views of experts listed in various books (literature). The results of the discussion in this study concluded that the problem of child marriages led to differences in understanding content or texts in Islamic law (fiqh). Also in addition to the positive law, namely the Marriage Law and the Child Protection Law, there are conflicts in it regarding the age of the child. This problem has a negative impact in the form of psychology and thoughts on marriage that are carried out by children.
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Alanshari, M. Zainuddin. "Analisis Penetapan Pengadilan Agama Lamongan No: 70/PDT.P/PA.LMG. Tentang Dispensasi Kawin." AKADEMIKA 11, no. 1 (June 30, 2017): 33–46. http://dx.doi.org/10.30736/akademika.v11i1.43.
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This study aims to answer the questions of what is the consideration of judges in the Lamongan Religious Court on the establishment of marriage dispensation on the grounds of being able to give so-called nafkah (feed) and what is the perspective of Islamic Law and Marriage Law in Indonesia against the establishment of Lamongan Religious Court judges about marriage dispensation on the grounds to be able to give nafkah. In order to answer the above questions, the writer used data collection techniques through documentation and interviews by using descriptive analysis with deductive mindset. The study concludes that the judge stipulating the dispensation of marriage on the grounds of being able to give nafkah is based on the fulfillment of the conditions of marriage except the age requirement for the prospective grooms having not reached the age of 19 years, as meant in the Compilation of Islamic Law Article 15 paragraph 1: (1) "For the benefit of families and households, marriage shall only be carried out if the legal age of marriage as stipulated in Article 7 of Law No.1 year 1974 namely the groom is at least 19 years old and the bride is at least 16 years old". Then supported by some written evidence as well as witnesses, the decision of Lamongan Religious Court in the establishment of marriage dispensation is very relevant to Islamic Law and Law no. 1 of 1974. Although, basically in its legal considerations, the judges are less concerned about the skills of the groom. Thus, such establishment has no implications for the validity of marriage, since in fiqh it is permissible as long as there is no element of fraud or any party to be harmed by the marriage
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Zain, Muhammad Fuad, and Ansori Ansori. "REKONTRUKSI BATAS USIA PERKAWINAN PASCA PUTUSAN MK NO. 22/PUU-XV/2017 SEBAGAI PENGUAT BANGSA DI ERA INDUSTRI 4.0." ADHKI: Journal of Islamic Family Law 1, no. 1 (November 21, 2019): 45–56. http://dx.doi.org/10.37876/adhki.v1i1.9.
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The construction of the Islamic Jurisprudence School contained in the Compilation of Islamic Law, and the Marriage Law collides with the era, especially at the age of marriage. Post the Constitution Court Verdict Number 22/ PUU-XV/ 2017 requires the state to immediately revise where the ideal age limit for male and female marriages becomes 18 years or 19 years. On the other hand, there are still many marital dispensations caused by legitimate extramarital pregnancy. This is homework for the state. The term bā'ah or isṭiṭa’ah in fiqh must be by the era, especially in the era of Industry 4.0, where the country that cannot adapt will be increasingly left behind. The concept of seriousness in the theory of Uṣūl al-Fiqh must be developed by seeing living law in Indonesian society in the framework of family law reform in Indonesia to build humanity as a whole for the creation of a great nation as the ideals of the nation’s founding father without having to harm the essence of Syariah itself.
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Anissa, Nur, Arfin Hamid, and Ratnawati Ratnawati. "Usia Kawin Perempuan dalam Paradigma Hukum Islam." DOKTRINA: JOURNAL OF LAW 4, no. 1 (April 30, 2021): 16–38. http://dx.doi.org/10.31289/doktrina.v4i1.4253.
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Islamic law does not determine the age of marriage for women, but only provides the conditions according to the Surah An-Nur Verse (6) and (32), Marriage may be carried out if it is old enough or fit for marriage or maturity". The Islamic Law Compilation (KHI) determines the age of marriage if it reaches the age of 16 years, this is subject to debate because national law determines the age of 16 years is the age of children or minors who still need education or physical and mental maturity. This study aims to analyze the paradigm of Islamic law on the age of marriage for women, the normative aspects of female marriage at an early age and the implementation of early marriage for women. This study uses a normative approach, namely examining existing problems normatively and factually using applicable laws and regulations and legal theories supported by literature data studies, research is carried out by examining library materials to obtain secondary data. The scholars agree that women can marry if they have adults with characteristics, namely: First, physically able (physically) marked by menstruation usually occurs at the age of 9 to 17 years. The second requirement is being able to be psychologically related to the education or way of thinking of a woman to deal with various conditions in marriage. The factor of a woman's maturity varies in each region because it is influenced by culture, women's physicality (reproduction), education and so on. In this era of globalization, with the factors mentioned above, it is ideal for women to marry when they are 21 years old.
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Hanafi, Yusuf. "Perkawinan Anak di Bawah Umur dalam Perspektif Hukum Islam." Ulumuna 12, no. 2 (December 31, 2008): 249–74. http://dx.doi.org/10.20414/ujis.v12i2.381.
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Under age marriage is not a new case in Indonesia. This practice has been performed by many people either in villages or big cities for a long time. Its causes are diverse from economic factors, poor education, to superficial understanding of cultural and religious values. In addition to causing social, psychological and health problems, under age marriage brings about legal problems. For example, Syekh Puji and Ulfa’s marriage opens controversy areas between traditional, Islamic, national and international laws because each has different juridical perspectives. This fact causes at least two legal problems: first, harmony between one law and another; second, challenges for marital legislation in term of under age marriage. This writing is aimed to show the urgency of marital law review to answer legislative challenges toward Islamic law harmony with globalization era today.
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Munir, Badrul, and Tengku Ahmad Shafiq. "Batas Usia Perkawinan dalam Undang-Undang Keluarga Islam Negeri Selangor Tahun 2003: Analisis Perspektif Maqasid Al-Syari’ah." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 3, no. 2 (November 20, 2019): 271. http://dx.doi.org/10.22373/sjhk.v3i2.4957.
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Islam does not restrict age of marriage. But the state of Selangor Limited the age of 18 years for men and 16 years for women. According to maqashid sharia, an ideal age of marriage is an age capable of realizing The objectives of marriage sharia. In the discussion of this article, authors use primary and secondary data, the primary data obtained from the research library is research on Selangor Islamic Family Law in 2003, Quran, Hadith and several books of fikih. Secondary data is obtained from supporting sources of data that authors need then analyzed using qualitative descriptive methods. The results showed that there was a legal basis for establishing an age limit in marriage but only abstract and there is no evidence to increase the age of marriage. The reason of the Selangor State Legislative Assembly established an age limit in the Selangor Islamic Family Law of 2003 is in accordance with community needs in those days. But the law is no longer reasonable to practice with the state of Selangor society at present.
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Fauzan, Fauzan. "PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 187. http://dx.doi.org/10.29300/mzn.v7i2.3617.
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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from the decisions of the constitutional justices, including regarding the restrictions on polygamy, the status of children out of wedlock and the age of marriage which was later successfully revised with the issuance of Law 16 of 2019 concerning Amendments to Law 1 of 1974 concerning Marriage. In the context of progressive legal reform in Indonesia, judges use reinterpretation of religious texts (fiqh), and understand the social context of modern society dynamics. For this reason, judges are required to be more courageous not only to be bound textually, but also to put forward the goal of realizing justice and benefit in the midst of society. Thus, the main legal objectives will be realized, namely substantive justice, benefits, and legal certainty because the law is basically for humans, not for the law itself
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Arif, Arif Sugitanata. "Hukum Keluarga Islam Di Brunei Darussalam." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 8, no. 1 (July 12, 2021): 1–12. http://dx.doi.org/10.32505/qadha.v8i1.2275.
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This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.
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Hayat, Aay Siti Raohatul. "FORMULA PEMELIHARAAN JIWA (HIFZ AL-NAFS) PADA UNDANG-UNDANG NOMOR 16 TAHUN 2019." Islamic Review : Jurnal Riset dan Kajian Keislaman 9, no. 1 (April 25, 2020): 115–41. http://dx.doi.org/10.35878/islamicreview.v9i1.195.
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Given the increasingly high percentage of child marriages/early marriages in Indonesia and the impact on humanitarian life which is none other than the younger generation of Indonesia's largest assets, therefore there is a need for regulations that regulate this, so that Law 1616 is enacted and has been ratified since October 14, 2019. This is in accordance with how Islam nourishes the soul (Hifz al-Nafs) and respects human dignity. The main problem in this discussion is how the formula of Soul Care (Hifz al-Nafs) in Law Number 16 Year 2019 as the implementation of Maqāṣid Al-Sharī'ah. With the change in the age limit of minimum marriage, the bride and groom are expected to have matured their body and soul to be able to carry out the marriage, so as to realize the purpose of marriage properly without ending in divorce and get healthy and quality offspring. It also can fulfill the rights of children so as to optimize children's growth and development including parental assistance and provide children access to the highest education possible. From the above explanation it can be concluded that the Care of the Soul (Hifz al-Nafs) of Law Number 16 Year 2019 is appropriate in the perspective of Islamic law (Maqāid Al-Sharī'ah), in which guarantees human rights, maintenance soul, and efforts to realize a sakinah family.
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Zulaiha, Eni, and Ayi Zaenal Mutaqin. "The Problems of The Marriage Age Changing in Indonesia in the Perspectives of Muslim Jurists and Gender Equality." Hanifiya: Jurnal Studi Agama-Agama 4, no. 2 (August 13, 2021): 99–108. http://dx.doi.org/10.15575/hanifiya.v4i2.13538.
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The rules regarding the age limit for marriage as contained in Article 7 of Law no. 1 of 1974, which states that the minimum age of marriage for men is 19 years and for women is 16 years. These rules were amended through law no. 16 of 2019, which stipulates that the age limit for marriage, both for men and women, are in the same age, 19 years old. This change is intended to bring benefits of marriage minimizes the conflict in the household. But in fact, the changing age limit for marriage still creates some problems; for example, not a few Muslims view that in Islam, there are no provisions regarding age limits and there are dispensations for those forced to marry under a predetermined age. This research aims to find out the problematics of the law on changing the age limit for marriage. The research approach used qualitative with descriptive analysis methods and literature review. The results of the study indicate that there are several problems regarding the age limit between First, Islamic law does not stipulate a minimum age for marriage, so that some people do not heed the provision; Second, there are some rules regarding dispensation for those who want to get married at the age of 19 by putting forward to the court. This is an opportunity to violate the regulations; Third, changes to the law that have raised the age limit for marriage, in reality, in society, have not been able to stop the rate of early-age marriage.
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Supraptiningsih, Umi. "Pro and Cons Contestation on The Increase of Marriage Age in Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 1 (June 30, 2021): 232. http://dx.doi.org/10.22373/sjhk.v5i1.9136.
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The age of marriage enhancement as mandated by Law no. 16 of 2019 is increasing the minimum age for marriage from 16 years for women and 19 years for men to 19 years for both women and men. However, this rule has not been accepted wholeheartedly by the community, so there are pros and cons. This study focuses on answering three questions: 1) Why are there pros and cons in the provisions of Law no. 16 in 2019 within a society? 2) What steps are taken by the community in violating the provisions of Law no. 16 of 2019? 3) What steps have been taken by the KUA and the Religious Courts in implementing the provisions of Law Number 16 of 2019? This research uses qualitative research with discourse analysis method. The researcher uses Pierre Bourdieu's theory to see the dynamics of the pros and cons contestation in increasing the age of marriage. With the genetic structuralism approach, to unite the origins of the individual mental structure, which is the product of the unification of the social structure that surrounds it. There are groups of people who agree to increase the age of marriage, and there are groups against it. The importance of mature marriage is to reduce divorce rates, poverty rates, children dropping out of school, maternal and child mortality rates. On the other hand, some people still prioritize the legal requirements of marriage by fulfilling the provisions of Islamic law (alternative options) not cumulative as required in the conditions for a valid marriage in the UUP. The arguments of people against the increase of marriageable age are based on the background of community culture, economic conditions, and free lifestyle of teenager. Unregistered marriage (nikah siri), legalization of marriage procedure and marriage dispensation are alternative steps taken by people who are against the increase of marriage age. KUA (religious affairs office) and the Religious Courts as the frontline in maintaining the mandate of Law no. 16 of 2019 using legal norms, still tightening the provisions on the age limit for marriage, marriage dispensation and legalization of marriage.
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Harianto, Dedi, Utary Maharany, Mulhadi, Rafiqoh Lubis, and Yusrin. "Improving legal knowledge about marriage and limitation of marriage in Integrated Islamic High Schools Al Fityan Medan." ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat 4, no. 2 (December 12, 2019): 335–40. http://dx.doi.org/10.32734/abdimastalenta.v4i2.4088.
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According to the central Bureau of statistical report, early marriage among the younger generation in Indonesia shows symptoms of improvement. This is a violation of marital law provisions and the potential to cause negative impacts in form of divorce and an increase in marital mortality during childbirth. To overcome these problems, it is necessary to provide additional legal knowledge to students in the form of legal counseling, question and answer, and discussion of marital law and marital age limits, as well as the donation of marriage law books. Based on the results of the evaluation, it was concluded that there was an increase in student knowledge about marital law and marital age limits, refers to the analysis of the questions asked by students in the question and answer session, as well as a summary of the results of group discussion submitted by representative of each group.
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Shaham, Ron. "Custom, Islamic Law, and Statutory Legislation: Marriage Registration and Minimum Age at Marriage in the Egyptian Sharīʿa Courts." Islamic Law and Society 2, no. 3 (1995): 258–81. http://dx.doi.org/10.1163/1568519952599222.
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AbstractIn this essay I examine the interaction between social change and law, in general, and between social custom, Islamic Law and statutory legislation, in particular, by analyzing forty decisions issued by Egyptian sharīʿa courts from the turn of the present century until 1955. These decisions, which deal with the application of two reforms pertaining to marriage, indicate, first, that whenever legal reform confronted entrenched social practices, litigants found legal strategies for circumventing the reform; and second, that the attitudes of judges (qādīs) toward the reforms were diverse and complex. Overall, the qādīs applied the reforms, whether because they believed them to be necessary or feared a confrontation with the government. I conclude that in order for a legal reform to be successful in molding social behavior, it must be complemented by state policies that promote the education of women and encourage them to participate in the labor market.
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Rahajaan, Jakobus Anakletus, and Sarifa Niapele. "Kajian Yuridis Terhadap Perkawinan dibawah Umur." PUBLIC POLICY (Jurnal Aplikasi Kebijakan Publik & Bisnis) 2, no. 1 (March 28, 2021): 88–101. http://dx.doi.org/10.51135/publicpolicy.v2.i1.p88-101.
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Abstract
Conducted research related to underage marriage, namely in the form of a juridical review using normative legal research methods, which analyze the provisions of laws and regulations related to the minimum age limit for a person. who can be granted permission to carry out the marriage. The results of our research can be abstracted as follows: Marriage is a very important and even sacred event in human life. A legal marriage, the requirements, among others, must meet the principle of consensualism or agreement (agreement) of the parties, as stated in article 6 paragraph 1 of the Marriage Law which reads, "Marriage must be based on the consent of the two prospective brides". furthermore according to Article 7 paragraph 1 of Law no. 1 of 1974 as amended by Law No. 16 of 2019 which requires that a marriage is legal if allowed by the parents of the parties, if the man and woman have reached the age of 19 years. The provisions of the Compilation of Islamic Law (KHI), article 15 paragraph 1 have not been adjusted to the provisions of Article I of Law no. 16 of 2019 concerning amendments to Law no. 1 of 1974, article 7 paragraph 1, will remain a problem that has the potential to violate the law, namely underage marriage as a marriage which is considered illegal based on the provisions of Law No. 16 of 2019. For this reason, policy makers in this republic must be able to immediately uniform or To harmonize various regulations regarding the adult age limit of a child and in particular the minimum age limit for people who wish to marry, at least, the provisions of Article 15 paragraph 1 of the KHI must be immediately revised and adjusted to the provisions of Article I of Law No.16 of 2019 concerning amendments to Article 7 paragraph 1 of Law No.1 of 1974 concerning Marriage, so that the legal layman can more clearly understand the meaning of the latest statutory provisions regarding the minimum age of 19 years for the prospective bride.
Keywords: Judicial Review, Marriage, Underage
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Arnab, Ahnaf Tahmid, and Md Sanwar Siraj. "Child Marriage in Bangladesh: Policy and Ethics." Bangladesh Journal of Bioethics 11, no. 1 (September 17, 2020): 24–34. http://dx.doi.org/10.3329/bioethics.v11i1.49193.
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Bangladesh is a Muslim-majority society with more than 163 million people. Most Bangladeshis hold the ideals of Islamic norms and values which is manifest in all sorts of socio-cultural behaviour. In reference to such values, the tradition of legitimizing child marriage in Bangladesh is the issue that needs to be addressed in a holistic yet rigorous approach. Currently Bangladesh ranks 4th in the world and 1st in Asia in terms of child marriage. Recently the Child Marriage Restraint Act 1929 has been abolished and it has been replaced by the Act of 2017 preserving article 2 of the previous statute, the legal age for marriage for a boy 21 and for a girl 18. This Act adds article 19 which legalizes minors (below 18 years of age) to be married off with the consent of the parents/guardians at the presence of a magistrate under “special circumstances” deemed with securing the best interest for them. The law artfully coincides with the Muslim Marriage Law which allows participants of 15 years and above to get legally married and as such contradicts the international law and the Act of 2017 itself. In the West intimate relationships including extra-marital cohabitation before reaching 18 years of age are culturally accepted. In contrast, such extra-marital and intimate relationships are strictly prohibited in Muslim-majority societies, which are dearly adhered in Bangladeshi Muslim culture. This study examines how the religious cultural and socio-economic realities influence child marriage practice in Bangladesh. Along with secondary documents, we interviewed 22 individuals including the Deputy Commissioner, the District Women and Children Affairs Officer, elected Union Parishad Chairman and Members, Social Workers, married couples and their parents/guardians at Manikganj district. In addition, we also conducted a mass survey with 62 randomly selected participants, and a voluntary online survey where the opinion of another 53 young students were collected to find broad opinion. We also collected stories of how marriages take place at the rural, urban and sub-urban areas in Bangladesh. The study has revealed that Bangladeshis does not support marriage at early ages but socio-economic reality often pushes poor into getting their children married at early ages. Many view that the special provision may encourage child marriage in the country. This study suggests that the government of Bangladesh should redefine public policy in regard to finding a middle ground between Islamic ethics and international values by exploring isomorphic mimicry and other socio-culturally accepted measures with a view to abolishing child marriage successfully.
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Aris, Aris, and Fikri Fikri. "HAK PEREMPUAN DALAM PENGASUHAN ANAK PASCA PERCERAIAN." Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 10, no. 1 (June 30, 2017): 89–102. http://dx.doi.org/10.35905/almaiyah.v10i1.449.
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Hadanah or parenting is something that can not be released in the context of marriage or family law of Islam. This paper discusses the care of children in the perspective of Islamic law. Parenting in marriage is not much of a problem and does not give rise to detailed rules, but parenting with divorced parents is arranged in detail. The conclusion of Islamic jurist shows that the woman or the mother is more entitled to the child to do hadanah.Hak women are associated with the child's age and the nature and character of parents.
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Aris, Aris, and Fikri Fikri. "HAK PEREMPUAN DALAM PENGASUHAN ANAK PASCA PERCERAIAN." Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 10, no. 1 (June 30, 2017): 89–102. http://dx.doi.org/10.35905/almaiyyah.v10i1.449.
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Hadanah or parenting is something that can not be released in the context of marriage or family law of Islam. This paper discusses the care of children in the perspective of Islamic law. Parenting in marriage is not much of a problem and does not give rise to detailed rules, but parenting with divorced parents is arranged in detail. The conclusion of Islamic jurist shows that the woman or the mother is more entitled to the child to do hadanah.Hak women are associated with the child's age and the nature and character of parents.
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Simatupang, Taufik Hidayat. "Adult Age in Marriage in Indonesia (Theoretical Study of the Application of the Lex Posterior Derogat Legi Priori Principle)." Jurnal Penelitian Hukum De Jure 21, no. 2 (June 24, 2021): 213. http://dx.doi.org/10.30641/dejure.2021.v21.213-222.
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The problems to be answered in this research are, first, how is the regulation of Islamic family law and marriage in Indonesia, second, how is underage marriage and legal protection for children, third is how to apply the lex posterior derogat legi priori principle in determining the adult age for marriage. The research method used is normative juridical research with a statute approach which was analyzed using statutory principles. The results of the research concluded that Islamic family law cannot be separated from the history of the legal system in Indonesia from the time of Dutch colonialism to the present which involved three parties, namely the interests of religion, the state and women. Underage marriage is influenced by economic problems, parental coercion and community culture. Based on the lex posterior legi priori principle, the age limit of a child must be seen in the context of what the maturity measure is to be used. If the maturity is for a marriage, then the adult age limit is 19 years, for both women and men. Although in the future it is suggested that further research is needed regarding the financial maturity of men who are married at the age of 19.
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Sainul, Ahmad. "Konsep Kedewasaan Subyek Hukum." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 5, no. 2 (April 26, 2020): 257–69. http://dx.doi.org/10.24952/el-qonuniy.v5i2.2153.
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There is a difference in the concept of the legal maturity limit according to Islamic law and positive law. The legal subject's maturity is fifteen years old or ihtilam for men and menstruation for women. whereas according to positive law there is no legal certainty regarding legal skills in the age of 18 years, 21 years, or after marriage, resulting in confusion in determining one's skills before the law. Then the age difference in the Marriage Law for men and women needs to be equalized and needs to be re-agreed in accordance with physical and mental considerations for all parties who will get married
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Mohammad, Mohammad. "PERKAWINAN ANAK DI BAWAH UMUR (Sebuah Kajian Perspektif Hukum Islâm Vis-a-Vis Hukum Positif di Indonesia)." AL-IHKAM: Jurnal Hukum & Pranata Sosial 6, no. 2 (August 31, 2013): 274–309. http://dx.doi.org/10.19105/al-lhkam.v6i2.313.
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Abstrak: Perkawinan merupakan suatu ikatan yang melahirkan keluarga sebagai salah satu unsur dalam kehidupan bermasyarakat dan bernegara, yang diatur oleh aturan hukum, baik hukum Islâm maupun hukum positif (negara). Untuk dapat mewujudkan tujuan perkawinan, hukum negara, yakni Undang-undang Nomor 1 Tahun 1974 menentukan batas umur minimal untuk melangsungkan perkawinan, yakni usia 19 tahun untuk pria dan usia 16 tahun bagi wanita. Sedangkan hukum Islâm tidak menentukan secara kongkrit batas minimal usia perkawinan. Meghadapi dualisme hukum ini, negara seharusnya mengambil langkah tegas. Jika negara sudah melarang perkawinan di bawah umur, maka konsekuensinya segala hukum yang bertentangan dengannya harus ditiadakan, sehingga terjadi kepastian hukum. Abstract: Marriage is the bond of family that becomes one of the elements of social and state life. It is regulated in both Islamic and state laws. To concretize the marriage purpose, state law apllies the constitution of Undang-undang Nomor 1 Tahun 1974 that decides minimal age limit of marriage---19 years old for male citizens and 16 years old for the female ones. On the other hand, the Islamic law do not explicitly declare this. State must take a firm action to face this dualism, it must forbid non-state regulation that is in contradiction against state law including the law that allows the marriage beyond the age limit. It is about to guarantee the legal security or rule of law. Kata-kata Kunci: Hukum Islâm, perkawinan di bawah umur, hukum negara, dan negara.
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Gaffar, Abdul, M. Ali Rusdi, and Akbar Akbar. "Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah." Al-Manahij: Jurnal Kajian Hukum Islam 15, no. 1 (June 11, 2021): 83–98. http://dx.doi.org/10.24090/mnh.v15i1.3731.
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Indonesian Muslims have not maximally applied maturity of marriage age as an important aspect in obtaining marital success. Apart from the concept of maturity of diverse marriage age, divorces and many marital problems based on the immaturity of a married couple still rife in Indonesia. The government has even issued regulations related to the age of marriage through Law number 1 of 1974 that was revised by Law number 16 of 2019, which stipulates that marriage is limited to a minimum age of 19 years for the two brides. This article aims to find the concept of quality-oriented marriage age to complement the quantity-oriented idea as applied by the Indonesian government and as understood differently by Muslims based on the opinions of the scholars (‘ulamÄ). This article abstracts the concept of the ideal age of marriage from the instructions of the Prophet Muhammad PBUH as the primary reference of Islamic teachings by discussing the hadÄ«th using the ma‘ÄnÄ« al-hÌ£adīṡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadÄ«th requires the criteria for the maturity of the marriage age in the form of religious, physical, financial, and social maturity. These qualitative criteria fulfill the element of maqÄá¹£id al-syarī‘ah and are interconnected so that they should be actualized as a new basis in the formulation of policies related to the maturity of marriage age in Muslim societies.
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Hilmy, Ahmad Arif Masdar. "DISPARITAS USIA MINIMAL PERKAWINAN DALAM KOMPILASI HUKUM ISLAM PERSPEKTIF TEORI BATAS MAṢLAḤAH SA’ĪD RAMAḌĀN AL-BŪṬI." JURNAL ISLAM NUSANTARA 3, no. 1 (June 25, 2019): 123. http://dx.doi.org/10.33852/jurnalin.v3i1.123.
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This research is a document research that discussed and analyzed about the disparity in the minimum age limit of marriage in Article 15 of the Indonesian Islamic Law by using the theory of maṣlaḥah Sa'īd Ramaḍn al-Būṭi. This research became urgent in order to increase khazanah of science which is progressive and also opened insight into the opportunities for new thoughts, regarding the absence of rules in the disparity of minimum age limits of marriage for men and women in Islamic law. The data of this study were collected through the documentation method. After that, the reading was done on the text (text reading) and then the texts were analyzed. The result showed that the disparity in the minimum age limit of marriage in Article 15 KHI was based on consideration of the benefit of the family and household. The conclusion of the author's brief research was that the substance contained in Article 15 of the KHI concerning about the disparity in the minimum age limit of marriage for men and women included the benefits of parenting (mental, spiritual, financial and physical), social balance, and responsibility of marriage. The disparity in the minimum age limit of marriage in Article 15 of the KHI was a benefit if it was reviewed by using the theory maṣlaḥah from Sa'īd Ramaḍān al-Būṭi, because it had fulfilled five conditions, which were maslaḥah must be within the scope of the Shari'ah objectives, does not contradict to The Qur'an, does not contradict with the Sunnah, does not contradict with Qiyas, and does not contradict with the more urgent maṣlaḥah.
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Asghari, Shamin. "Early Marriage in Iran: A Pragmatic Approach." Journal of Human Rights Practice 11, no. 3 (November 1, 2019): 569–88. http://dx.doi.org/10.1093/jhuman/huz035.
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Abstract The international human rights system has identified any marriage before the age of 18 as forced marriage or a harmful traditional practice which should be eradicated mainly through legal reform. In many legal systems, the minimum age of marriage is still below 18. In Iran, girls can marry at the age of 13 and boys at the age of 15. Thus, the issue of early marriage has been a point of struggle between the international human rights system and Iran. What is lost in these mainly legal debates is the reality of early marriage. Those who advocate for the eradication of early marriage present a singular perception of such marriage as forced and harmful, while those who oppose the international approach in Iran merely focus on the Islamic roots of the current legislation. In practice, marriage is a complicated social construct. To address early marriage, one should analyse different causes and contexts that influence this institution and determine whether the negative consequences apply in all cases of early marriage. This article argues that the international human rights system should provide a context-sensitive response to early marriage. The human rights discourse is not the only setting for addressing early marriage. The general categorization of early marriage as a violation of human rights fails to recognize various factors that influence the timing of marriage, in particular girls’ agency. To effectively address early marriage in Iran, a multidisciplinary approach is necessary.
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Musfiroh, Mayadina Rohmi. "Hukum Keluarga dalam Perspektif Perlindungan Anak." Journal de Jure 8, no. 2 (January 13, 2017): 64. http://dx.doi.org/10.18860/j-fsh.v8i2.3731.
Full textAbstract:
This article points to trace the epistemological roots of early marriage to and reinforce the importance of Islamic Family law reform, particularly related to raising the minimum age of marriage. This article is the result of the research literature with a qualitative descriptive method using a theoretical approach maqashid al-sharia. Early marriage is the result of interpretation of scholars' to Q.S. Ath-Thalaq [65]: 4 which signaled the waiting period for those who do not menstruate. Islam does not provide ideal age limits in marriage. Marriages can be performed by the bride that has been not or already baligh if it has been qualified to do harmonious marriage. However, the scholars' proposed the opinions about puberty age limit for men and women and the permissibility of marrying someone in the age of the children. The decision to give an age limit in marriage for arising maslahah. Marriage age limit should be revised in view of the negative impacts arising from the early marriage models, such as women's reproductive health issues, financial problems of the family and divorce. Model of early marriage can no longer practiced because it is inconsistent with maqashid al-nikah that is to build a harmonious family.<br />Artikel ini bertujuan melacak akar epistimologis perkawinan dini serta menguatkan argumentasi pentingnya pembaharuan hukum keluarga Islam, khususnya terkait menaikkan<br />batas minimal usia perkawinan. Artikel ini merupakan hasil penelitian kepustakaan dengan metode deskriptif-kualitatif dan menggunakan pendekatan teori maqashid al-syariah. Perkawinan dini merupakan hasil tafsir ulama’ terhadap Q.S. Ath-Thalaq [65]: 4 yang mengisyaratkan iddah bagi mereka yang belum haid. Islam tidak memberikan batasan umur ideal dalam pernikahan. Perkawinan dapat dilakukan oleh calon mempelai yang belum atau sudah baligh jika telah memenuhi syarat dan rukun pernikahan. Meskipun demikian, para ulama’ berbeda pendapat tentang batas usia baligh bagi laki-laki dan perempuan dan kebolehan menikahkan seseorang pada usia anak-anak. Umat Islam diperbolehkan memberikan batasan usia dalam perkawinan untuk menimbulkan kemaslahatan. Batas usia pernikahan perlu direvisi mengingat berbagai dampak negatif yang muncul akibat model pernikahan ini, misalnya masalah kesehatan reproduksi perempuan, persoalan ekonomi keluarga, hingga perceraian. Model perkawinan ini tidak dapat lagi dipraktikkan karena tidak sejalan dengan maqashid al-nikah yaitu membangun keluarga yang sakinah, mawaddah dan rahmah.
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Sanusi, Ahmad. "PEMIKIRAN NAWAWl AL BANTANI TENTANG MUNAKAHAT DAN RELASI GENDER." ALQALAM 32, no. 1 (June 30, 2015): 144. http://dx.doi.org/10.32678/alqalam.v32i1.564.
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Nawawi al-Bantani (1230-1316 AH. /1813-1898 AC.) is a Syafi'i scholar from Indonesia who stayed in Mecca and was productive in writing variety of fiqh books. One important topic on
his fiqh is about marriage (fiqh al-munakahiit) and women's role. However, many Indonesia feminists is considere his thougt to be gender biased and therefore is considered to irrelevant to
contemporary development of fiqh munakahat However, Nawawi 's thought of munakahat is very popular and it is still taught at variety of pesantren as well as madrasah in Indonesia The result of this research shows (1) fiqh Nawawi al -Bantani's thought in munakahat is not far different from other books in Syafi 'i' s school. It is stated on Nawawi's muqadimah book that his work is of several books of mu'tamad Syafi 'i school. (2) Some Nawawi's thought are considered to be gender biased Because, he put women in domestic sphere to serve men, and not to put women in equal and reciprocal gender relation (3) Several Nawawi's thoughts are still rellevant tocontempary development. It is proven on Nawawi's thought of marriage contract, term and harmonious marriage, approval of two parties, marriage age, guardian as term and harmoniousmarriage, witness in marriage, dowry, prohibition in marriage, kafa'ah, right and obligation of marriage couple, divorce and its consequences, idda/waiting period, mut'a and time living idda and reconciliation are incorporates into positive Indonesia Marriage law no. 1 year 1974 and the Compilation Islamic law. But considering to the marriage law as considered discriminatory, it is necessary to the change that law to be more accommodative that supports the concept of the equality of gender relation in a marriage.
Keywords: thinking, fiqh, fiqh munakahat, gender, relation gender, women
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Mutakin, Ali. "IMPLEMENTASI MASHLAHAH AL-MURSALAH DALAM KASUS PERKAWINAN." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 17, no. 2 (April 30, 2019): 325–49. http://dx.doi.org/10.15408/kordinat.v17i2.9615.
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Al-Quran and Hadith are sources and arguments in Islamic law whose existence has been agreed upon by the ulama. In addition to these two arguments, there are several propositions whose existence is still disputed, one of which is the mashlahah al-mursalah. The application of the concept of mashlahah al-mursalah in determining the legal status of a problem rests on the basis of benefit which becomes the spirit of the Qur'an and Hadith. In marriage, cases of marital marriage and restrictions on the age of marriage, are not formally explained by the Qur'an or Hadith, but based on the benefits contained in it in accordance
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Nizar, Muchamad Coirun, and Ghofar Shidiq. "PERCERAIAN DAN PERNIKAHAN DINI DI KABUPATEN SEMARANG." ADHKI: Journal of Islamic Family Law 1, no. 2 (February 5, 2020): 125–36. http://dx.doi.org/10.37876/adhki.v1i2.6.
Full textAbstract:
The obscurity of the ideal age for a marriage in classical fiqh reference requires the existence of ijtihad among contemporary jurists to determine the ideal age limit for a marriage. The result of the ijtihad is the formulation of a Compilation of Islamic Law which among one of the articles discusses the minimum limit for someone who will hold a marriage (article 15 KHI) which is 21 years. Including the phenomenon that is rife in Indonesia is the rise of early marriage. Early marriage is defined as a marriage that takes place before maturity is reached both physically and psychologically. In an ideal setting, a marriage continues until death approaches one married couple as exemplified by Rasulullah SAW. But now, divorce occurs in many areas. Divorce occurs because of conflict between husband and wife, or the lack of compatibility between both husband and wife to continue the household. This article is the result of a research linking the occurrence of early marriage and divorce rates in Semarang. The object of this research is the decisions in PA Ambarawa ruling relating to divorce and marriage dispensation requests. In the end, the rise of cases of early marriage in Semarang Regency is due to the rise of free association between teenagers. The results of this study concluded that some divorce decisions in PA Ambarawa in 2014 occurred against the background of early marriage.
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Fatima, Fatima. "Perempuan Sebagai Anak dan Hak-Haknya dalam Perkawinan (Studi terhadap Peraturan Perundang-undangan dan Praktek di Pengadilan Agama)." JURNAL INDO-ISLAMIKA 2, no. 1 (June 20, 2012): 125–47. http://dx.doi.org/10.15408/idi.v2i1.1660.
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This paper aims to investigate how women or girls as daughters are administered in Islamic family laws and how they are awarded rights in regard to marriage. It also analyses how judges at Islamic courts solve the cases involving women as daughters. It, therefore, discusses how, according to Indonesian Islamic family law, women, as daughter could obtain permissions to get married when their parents are reluctant to marry them. It also discusses how they have also right to obtain permission to get married although they have not reached the minimum age of marriage. Investigating a number of judgments from Islamic courts of Central, South, West and East Jakarta and using socio-legal approach, this paper reveals that the proposal for marriage dispensation by parents at religious courts increased from year to year and that the proposals were often approved by judges. It also demonstrates that judges mostly conclude that the reluctance of parents to marry their daughters is based on legal reasons so that judges often decide to appoint ‘wali hakim’, as a substitute to ‘wali nasab’.
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Susanto, Eko Harry, and Silviana Dharma Zhang. "Critical Discourse Analysis of Interfaith Marriage News from Cyber Media in Indonesia." Journal of Educational and Social Research 7, no. 1 (January 26, 2017): 91–104. http://dx.doi.org/10.5901/jesr.2017.v7n1p91.
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Abstract In Indonesia, there are three preconditions for a successful marriage: being of legal age for marriage; parental approval, especially from the father; and religious and ethnic compatibility. The Indonesian Marriage Law provides that “a marriage is legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned”. This clause indirectly prohibits inter-religious or interfaith marriage. Therefore, every religion in Indonesia encourages it followers to marry someone of the same religious faith. This research examines the issue of interfaith marriage as reported by Indonesia’s cyber media. Case studies are presented to explain why different media institutions have differing stances on the issue. Using a qualitative approach, the research uses the analytical data technique of Norman Fairclough’s critical discourse analysis. The authors analyzed three cyber media, Republika Online, Kompas.com, and Sinarharapan.co from September to December 2014. One key aim was to discover which media have the tendency to support diversity, discourse practice, and sociocultural practice. Results indicated that Islam-oriented media, such as Republika Online, tend to reject the movement for the legalization of interfaith marriage, as interfaith marriage is banned by Islamic shari’ law. Secular online media, such as Kompas.com with an independent ethos of transcendental humanism, lean toward support for rights and legal certainty for interfaith spouses. Meanwhile, Christian-oriented Sinarharapan.co tended to neglect the issue, as if deeming it irrelevant to its readership.
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Supraptiningsih, Umi, and Erie Hariyanto. "PERKAWINAN ANAK: Pandangan Ulama dan Tokoh Masyarakat Pamekasan." Jurnal Harkat : Media Komunikasi Gender 15, no. 2 (November 27, 2019): 96–105. http://dx.doi.org/10.15408/harkat.v15i2.13466.
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Abstract. Child marriages as well as the prosession are happen due to the role of both ulama (the Islamic leaders) and the community leaders. This paper aimed at exploring the perception of ulama and the community leaders in line with the factors of child marriage as well as the minimum age of marriage. The descriptive qualitative were implemented in this study. Meanwhile, the data were gathered by conducting observation, interview, and documentation. The first finding of the study is in line with the factors of child marriages. The educational background of the parents and the children, economic factors, cultural factors, and the uncontrolled relationship among teens were regarded to influence the child marriage in Pamekasan. Second, the ulama and the community leader argued that the child marriage should be avoided because it determine the life of the spouse after marriage. It must be considered that marriage is a time to realize the happy family (sakinah). Therefore, maturation is important in attempt to mentally and economically prepare for the marriage. Also, the limitation of marriage is not merely about the minimum age, but also the preoparation and the in-depth understanding of the spouse. Third, there is no clear statement in Alquran regard to the minimum age of marriage. Alquran stated akil baligh as the requirement. Meanwhile, the marriage law stated that minimum age for man is 19 years old and 16 years old for woman. In child protection laws, the minimum age for both man and woman are 18 years old. Abstrak. Perkawinan Anak dapat terjadi karena peran serta dari para ulama atau tokoh masyarakat, begitu pula prosesi perkawinan dengan restu keduanya. Artikel ini bertujuan untuk mengetahui peranan ulama dan tokoh masyarakat Kabupaten Pamekasan dalam terwujudnya perkawinan anak serta pendapat tentang batasan usia perkawinan. Metode penelitian mengunakan pendekatan kualitatif (qualitative approach) dan metode deskriptif, sedangkan teknik pengumpulan data melalui observasi, wawancara, dan dokumentasi. Ada beberapa temuan dalam penelitian ini yaitu pertama Perkawinan anak masih saja terjadi diwilayah Kabupaten Pamekasan, hal ini dilatar belakangi beberapa faktor, yaitu faktor rendahnya pendidikan baik dari orang tua maupun anak, tidak adanya aktifitas atau kegiatan karena selepas dari pesantren atau MA mereka menganggur, faktor ekonomi, faktor budaya atau tradisi, dan faktor pergaulan bebas; kedua Para ulama dan tokoh masyarakat berpendapat bahwa perkawinan anak harus dihindarikarena berdampak pada kelangsungan rumah tangga yang tentunya pasca perkawinan adalah waktu yang panjang untuk mewujudkan rumah tangga yang sakinah. Pendewasaan perkawinan penting karena untuk mempersiapkan mental dan ekonomi dalam sebuah perkawinan. Batasan perkawinan tidak hanya sekedar usia namun persiapan dan pemahaman hak dan kewajiban bagi pasangan yang harus matang. Ketiga Batasan usia pernikahan dalam Al Qur’an dan hadis tidak secara jelas disebutkan hanya menjelaskan akil baliq, sedangkan dalam Undang- Undang Perkawinan usia 19 tahun bagi laki-laki dan 16 tahun bagi perempuan. Dalam UU Perlindungan ana laki-laki dan perempuan sama yaitu 18 tahun ke atas.
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Pranata, Wiwin, and Abdul Rahim. "Penundaan Kehadiran Anak akibat Perkawinan Usia Muda Ditinjau Menurut Hukum Islam (Studi pada Desa Jaling, Kec. Awangpone, Kab. Bone)." Nukhbatul 'Ulum 4, no. 2 (December 21, 2018): 101–11. http://dx.doi.org/10.36701/nukhbah.v4i2.44.
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The aim of the study is to identify whether early marriage contributes to delaying childbirth and to identify Islamic perspective in relation delaying childbirth. As for the advantages of the research, theoretically, the results of this study are expected to contribute positively to all components of the student, so the idea of delaying childbirth due to early marriage is able to be understood. Practically, this research will be one of the reference materials for further study in wider scope. The results of the study indicated that some people perform delaying childbirth due to early marriage through their participation in Family Planning Program (KB) by injections. The incentivizing factors of their participation within the program are age and educational factor, in which the Islamic law consider this permissible only if there is an agreement between both husband and wife, it is temporary, not harmful and beneficial.