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Journal articles on the topic 'Marriage age (Islamic law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 24 February 2023

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1

Saad Saleh Al-Gharafi, Abdul-Ghani Abdul-Raqeeb. "Underage marriage in Islamic law and Yemeni law." Yemen University Journal 8, no. 8 (2023): 1–38. http://dx.doi.org/10.57117/j.v8i8.32022.

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This research aims to explain the marriage of minors and to know the point of view of Islamic law and Yemeni law on this marriage, as well as to know its causes and effects. This objective was achieved through an introduction, four chapters and a conclusion. The introduction included the importance of the research, the reasons for its selection, its problem, objectives, methodology, questions, hypotheses, previous studies and research, and its divisions. The first topic included: the nature of marriage, its legitimacy and its pillars in Islamic law.. The second topic contained: the concept of

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2

Lathifah, Anthin, Briliyan Ernawati, and Anwar Masduki. "Problems with the islamic legal system regarding child marriages in Indonesia during the covid-19 pandemic period." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 22, no. 2 (2022): 155–76. http://dx.doi.org/10.18326/ijtihad.v22i2.155-176.

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The high number of child marriages during the Covid-19 pandemic period poses problems related to the Islamic legal system in Indonesia. This study aims to describe the problems of the Islamic legal system regarding the phenomenon of child marriages during the pandemic period in Indonesia. This paper is the result of a qualitative research with a socio-legal analysis approach, that is based on Friedman Hayden's legal system theory. The results of the study show that there are three substantial problems with the Islamic legal system, namely: (1) the problem associated with the legal substance wh

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3

Umar Faruq. "Tinjauan Yuridis Terhadap Perkawinan di Bawah Umur dalam Undang-Undang no 1 tahun 1974 dan Kaitannya dengan Hukum Islam." Al Fuadiy : Jurnal Hukum Keluarga Islam 4, no. 1 (2022): 36–49. http://dx.doi.org/10.55606/af.v4i1.15.

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Article 1 of Law Number 1 of 1974 states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. Based on the provisions of Article 2 paragraph (1) which states that a marriage is valid if it is carried out according to the law of each religion and belief. And the provisions of Article 7 paragraph (1) Marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. As for the problem in this thesis, what is the

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Nurcholis, Moch. "USIA NIKAH PERSPEKTIF MAQASHID PERKAWINAN." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 8, no. 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 ac

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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 (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 decisi

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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 (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, includin

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Hidayati, Delti, and Nur Halimah Assa'diah. "Early Marriage According To Islamic Law." Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan 10, no. 1 (2021): 25. http://dx.doi.org/10.24252/ad.v10i1.21079.

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Marriage is a form of worship, this is in line with the definition of marriage in the Islamic Law Compilation which reads; marriage is a very strong mitsaqan ghalizhan contract to obey Allah's commands and carry out it is worship. Religion and state also provide rules for marriage, especially at the age of the prospective husband and wife, so that it can be considered mature, with the aim of achieving sakinah mawaddah warahmah. However, there were several cases of underage marriage in Indonesia. And it is in the background of many factors and their respective goals. Among the factors are wanti

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Wahyudi, Muhamad Isna. "MENUJU HUKUM PERKAWINAN ISLAM PROGRESIF TOWARDS PROGRESSIVE ISLAMIC MARRIAGE LAW." Jurnal Hukum dan Peradilan 3, no. 1 (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

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Aminah, Siti, and Arif Sugitanata. "Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia." JIL: Journal of Islamic Law 3, no. 1 (2022): 94–110. http://dx.doi.org/10.24260/jil.v3i1.556.

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As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only

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Mizan, Erni, Louisa M. Metekohy, and Jumiati Tuharea. "Review of Young Marriages According to Islamic Law in Liang Country, Salahutu District, Central Maluku Regency." QISTINA: Jurnal Multidisiplin Indonesia 1, no. 2 (2022): 100–108. http://dx.doi.org/10.57235/qistina.v1i2.120.

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This study aims to find out and obtain results related to the review of young marriages according to Islamic law in the liang country of salahutu district, Central Maluku regency. This research covers how Islamic law views young marriage and the impact of young marriage in a family. This type of research is qualitative using descriptive methods. The data collection techniques used are observation, interviews, and documentation. The information of this study was determined by purposive sampling. The data analysis technique used is descriptive qualitative through data collection, data reduction,

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Shofiyulloh, Shofiyulloh. "Target Usia Perkawinan bagi Perempuan." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 2 (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 l

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Wiyani, Novan Ardy. "Epistemologi Pendidikan Anak bagi Ayah menurut Luqman." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 2 (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 l

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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 (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 pay

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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 (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 necessa

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Djubaedah, Neng. "CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW." Jurnal Hukum & Pembangunan 49, no. 1 (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 consci

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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 (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

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Yanni Dewi Siregar, Fitri, and Jaka Kelana. "Kesetaraan Batas Usia Perkawinan di Indonesia dari Perspektif Hukum Islam." Mahakim: Journal of Islamic Family Law 5, no. 1 (2022): 1–10. http://dx.doi.org/10.30762/mahakim.v5i1.130.

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The minimum age limitation for marriage for citizens is in principle intended so that those who are getting married are expected to have adequate thinking maturity, mental maturity and physical strength. However, in legal arrangements regarding the age limit of marriage in Indonesia, both regulated in statutory regulations and the Compilation of Islamic Law is still a problem, as is regulated in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage which distinguishes between the age limit of marriage based on gender, that is for men 19 years and for women 16 years. This writing

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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 (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

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Adam, Zainuddin, Nasaruddin Nasaruddin, and Hilal Malarangan. "Problematic of Sirri Marriage in Banggai Islands District: The Case of Aliyan Imamullah's Deviant Sect Marriage Central Peling District, Banggai Islands Regency." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 4, no. 2 (2022): 50–62. http://dx.doi.org/10.24239/ijcils.vol4.iss2.51.

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This study discusses problems of sirri marriage in Banggai Islands Regency with the focus of Aliyan Imamullah's deviant sect Marriage in Labibi Village, Central Peling District, Banggai Islands Regency. The discussion of this paper include motivating factors for carrying out sirri marriage in the Aliyan Imamullah deviant sect and the view of Islamic law and its implications for sirri marriage on household harmony among adherents of the Aliyan Imamullah deviant sect. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and writte

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Aris, Aris, and Rosdalina Bukido. "Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts." Jurnal Ilmiah Al-Syir'ah 20, no. 2 (2022): 206. http://dx.doi.org/10.30984/jis.v20i2.2056.

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This study aims to explore the law enforcement of age of marriage in Bugis community, Islamic law and national law, and pemmali culture as one of the most crucial reasons for marriage dispensation. This study method used a sociological juridical research with normative and formal juridical approaches, socio-anthropological and case studies. Data analysis techniques used positivist theory of legal system, law enforcement, and sociology of legal system. The results showed that the enforcement of age of marriage in Bugis community does not have an age standard determination unless the daughter is

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Zubaidah, Dwi Arini. "PENCATATAN PERKAWINAN DALAM PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH JĀSIR ‘AUDAH". Al-Ahwal: Jurnal Hukum Keluarga Islam 12, № 1 (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

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Nashuddin, Nashuddin. "EARLY-AGE MARRIAGE IN PERPECTIVE OF INDONESIAN ISLAMIC FAMILY LAW." Al-Mawarid 15, no. 2 (2015): 97–122. http://dx.doi.org/10.20885/almawarid.vol15.iss2.art5.

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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 (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 Aisy

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Rahmatullah, Nursalam. "MARGINALISASI PEREMPUAN DALAM PERKAWINAN (TELAAH ATAS NIKAH SIRRI DAN NIKAH ANAK DI BAWA USIA PERSPEKTIF HUKUM ISLAM)." Familia: Jurnal Hukum Keluarga 2, no. 2 (2021): 137–64. http://dx.doi.org/10.24239/familia.v2i2.29.

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Marginalization of women in marriage is an issue that always invites debate among Islamic law thinkers, given the ever-changing social conditions of society so that the laws and regulations governing marital problems underwent the first amendment in 2019. This paper focuses on how the position of women in unregistered marriages and child marriages in Islamic law perspective. With a normative approach and legal sociology, this paper confirms a conclusion that the position of women in unregistered marriages and child marriages is very vulnerable to obtaining legal certainty and justice. Even tho

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SAMURI, MOHD AL ADIB, MUHAMMAD AL-GHAZALLI ABDOL MALEK, MUHAMMAD NAZIR ALIAS, and PETER HOPKINS. "Hadith of Aisha’s Marriage to Prophet Muhammad: An Islamic Discourse on Child Marriage." International Journal of Islamic Thought 6 (June 1, 2022): 93–105. http://dx.doi.org/10.24035/ijit.21.2022.229.

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Child marriage is a global issue that concerns the violation of children's rights. All signatory countries to the International Convention on the Rights of the Child (UNCRC), including Malaysia, are obliged to raise the marriageable age to 18 years old as a legal measure to curb child marriage. However, the proposed law reform received strong rejection and criticism from religious groups in various Muslim countries. Religious traditionalist groups saw child marriage as permissible in Islamic law following the authority of the hadith of Aisha's marriage to Prophet Muhammad at the age of six. Th

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Maula, Bani Syarif. "Perlindungan Perempuan dalam Hukum Perkawinan di Indonesia." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 1 (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. The

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M Iksan. "PERSPEKTIF HUKUM ISLAM MENGENAI PERNIKAHAN DINI AKIBAT SANKSI ADAT DI DESA POWELUA KECAMATAN BANAWA TENGAH KABUPATEN DONGGALA." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 2 (2020): 114–27. http://dx.doi.org/10.24239/comparativa.v1i2.9.

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This paper discusses early marriage due to Kaili's customary sanctions in the perspective of Islamic law (Case Study of Powelua Village, Banawa Tengah District, Donggala Regency). The problem to be examined in this research is how early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala and how is the perspective of Islamic law regarding early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala. The research method used in this research is a type of qualitative research, namely the type of resear

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M Iksan. "PERSPEKTIF HUKUM ISLAM MENGENAI PERNIKAHAN DINI AKIBAT SANKSI ADAT DI DESA POWELUA KECAMATAN BANAWA TENGAH KABUPATEN DONGGALA." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 2 (2020): 114–27. http://dx.doi.org/10.24239/comparativa.v1i2.9.

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This paper discusses early marriage due to Kaili's customary sanctions in the perspective of Islamic law (Case Study of Powelua Village, Banawa Tengah District, Donggala Regency). The problem to be examined in this research is how early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala and how is the perspective of Islamic law regarding early marriage due to kaili customary sanctions in Powelua Village, Kec. Central Banawa District. Donggala. The research method used in this research is a type of qualitative research, namely the type of resear

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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 (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 inconsi

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Izzah, Ibnu. "Juridical Analysis of the Practice of Child Marriage in the Onto Village, Bantaeng Regency." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 9, no. 2 (2022): 161–75. http://dx.doi.org/10.24252/al-qadau.v9i2.34605.

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This study examines the analysis of Islamic Law and National Law in addressing the practice of Child Marriage that occurred in the Onto Village, Bantaeng Regency. The purpose of this research is to build synergy between the Islamic Family Law study program and the local government regarding the prevention of child marriage and provide education regarding the ideal minimum age for marriage from a legal and health perspective. This type of research is field research with data collection methods, observation, documentation and interviews with several parties concerned directly with the object of

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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 (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 a

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Hanafi, Yusuf. "Perkawinan Anak di Bawah Umur dalam Perspektif Hukum Islam." Ulumuna 12, no. 2 (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 l

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Samuri, Mohd Al Adib, Noor Aziah Mohd Awal, and Muhamad Abral Abu Bakar. "CURBING CHILD MARRIAGE AMONGST MUSLIMS IN MALAYSIA: TOWARDS LEGAL REFORM." UUM Journal of Legal Studies 13, No.1 (2022): 1–20. http://dx.doi.org/10.32890/uumjls2022.13.1.1.

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Child marriage is considered by the international community to be a violation of human rights, particularly the right to education and sexual and reproductive healthcare. Unfortunately, there are some Muslim countries in the world, including Malaysia, that has legalised this practice. Laws such as the Islamic family laws in all Malaysian states stipulate legal avenues for underage children to get married, provided they obtain permission from the Sharia court. Therefore, in order to end this harmful practice in Malaysian Muslim society, this article will discuss child marriage under Malaysian I

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Faizal, Liky, and Abd Qohar. "The Age Limit for Marriage in Brunei Darussalam in Maslahah and Legal Politics Perspectives." Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 6, no. 1 (2021): 65–80. http://dx.doi.org/10.25217/jm.v6i1.1334.

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Brunei Darussalam which embraces Islamic law reform must be carried out in line with what is the goal of Islamic law itself, which is to fulfill the demands of the instincts of human life, and must be based on maslahah which is in line with the principles of maqoshid al-shari'ah and in accordance with the objectives law in the legal system. The formulation of the problem in this article was related to the age limit of marriage in Brunei Darussalam in the perspective of law and politics. The purpose of this research was to understand the legal and political review of the legal determination of

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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 (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. T

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Holijah, Holijah, and Jariyah Binti Abd Manaf. "The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law." AL-'ADALAH 16, no. 2 (2019): 411–32. http://dx.doi.org/10.24042/adalah.v16i2.4546.

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This article discusses the changes in the minimum age for marriage as regulated in Law Number 1 of 1974 concerning marriage, which was later amended by Law No. 16 of 2019 on the same topic. In Law no. 1/1974, the minimum age for marriage for the prospective groom and bride is differentiated in which for the prospective groom the minimum age for marriage is 19 years while for the bride is 16 years. This kind of distinction was later removed by Law No. 16 of 2019 which stipulates the minimum age for marriage for the prospective groom and bride to be the same, namely 19 years. This change in mini

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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 (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 m

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Muslih, Muhamad. "Perbandingan Prosedur Perkawinan Adat Baduy dengan Kompilasi Hukum Islam." Kanun Jurnal Ilmu Hukum 21, no. 3 (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

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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 (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

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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 (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, wh

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Hussain, Bilal, Hafiz Ghulam Abbas, and Khalid Hussain. "Legal Competency for Marriage: In an Islamic and Pakistan Law Perspective." Al-Aijaz Research Journal of Islamic Studies & Humanities 6, no. 1 (2022): 12–24. http://dx.doi.org/10.53575/e2.v6.01.(22)12-24.

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Marriage in Islam is more contractual ('aqd') in nature than ceremonial or sacramental. This esteemed tie-up of spouses conveys legal rights and obligations to each spouse. The fabric of society is made up of family institutions. Islam places high value on establishing a balanced, well-behaved relationship between spouses for a happy home. Islamic jurisprudence considered its primary purpose to be to make intercourse lawful and to legitimate the resulting offspring in a matrimonial contract. For its formation, specific competency is required, including physical and intellectual. Islamic law de

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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 (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-

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Turnip, Ibnu Radwan Siddik, Zainul Fuad, and Nurhayati Nurhayati. "The Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (2022): 105. http://dx.doi.org/10.30984/jis.v20i1.1813.

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This paper discusses how the current social history of Islamic law in the Southeast Asian region relates to the minimum age of marriage. Then also, it will be examined how socio-cultural and socio-political influences surround the change in the provisions of the minimum age of marriage in the two countries. This normative legal research focused on studying legal history using the social history approach of Islamic law. Data is analyzed with qualitative methods. The results showed a change in the age of marriage in Indonesia, from 19 years for men and 16 years for women to 19 years for both men

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Abidin, M. Nur, and Abdul Basit. "Legal Children in Pregnant Marriage: A Juridical Analysis of Indonesian Positive Law." Al Hurriyah : Jurnal Hukum Islam 7, no. 2 (2022): 131. http://dx.doi.org/10.30983/alhurriyah.v7i2.5321.

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<span>The discourse of pregnant marriage is always interesting to study from a legal perspective, both Islamic and civil law, the different views of the fuqoha and also the controversy in understanding whether or not pregnant marriage is permissible. Different understandings are found in KHI which on one side is a normative backing and on the other side opens the room for adultery. As a result of being pregnant before, it was not a problem because children born during marriage became legal children, regardless of the age of the child's womb when both parents performed the marriage contra

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Arif, Arif Sugitanata. "Hukum Keluarga Islam Di Brunei Darussalam." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 8, no. 1 (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 refo

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Kasmawati, Kasmawati, and St Habibah. "Perspektif Hukum Islam Tentang Pernikahan Lansia dan Pengaruhnya Terhadap Kesehatan Reproduksi (Studi di Kec. Sibulue Kab. Bone)." Jurnal Tana Mana 1, no. 1 (2020): 63–80. http://dx.doi.org/10.33648/jtm.v1i1.148.

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This study aims to determine the things that affect the marriage of the elderly to offspring and reproductive health as well as a review of Islamic law regarding the marriage of the elderly in the district. Sibulue Kab. Bone. Thus, the thing that was obtained in the study was the marriage of the elderly, namely marriage carried out by one or two people of advanced age and unable to give birth to offspring in the district. Sibulue Kab. Bone with the aim of running a relationship between husband and wife and forming a harmonious, prosperous and happy family according to Islamic rules and regulat

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S.H, Jumarni. "BATAS USIA MINIMAL WALI NASAB DALAM PERKAWINAN PERSPEKTIF ISLAM DAN PERUNDANG-UNDANGAN." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 4, no. 2 (2022): 174–87. http://dx.doi.org/10.30863/as-hki.v4i2.3298.

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This research is a comparative study between the age limit of a guardian in marriage according to Islamic law and according to Indonesian law. With this type of qualitative research and normative theological and normative juridical approaches, with secondary data sourced from the Qur’an and the hadith of the Prophet. Marriage Law, KHI, PMA Number 11 of 2017, and other sources of literature. The results of the study show that: First, in Islamic law the determination of puberty criteria for men is based on ihtilam, and menstruation for women. Second, according to the provisions of article 18 PMA

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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 (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 ber

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Iwannudin, Iwannudin. "PERTIMBANGAN HAKIM PENGADILAN AGAMA DALAM PERKARA PUTUSAN DISPENSASI KAWIN PERSPEKTIF PERUNDANG-UNDANGAN DAN FILSAFAT HUKUM ISLAM Kajian Putusan Nomor 0026/Pdt.P/2019/PA.Mt." Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) 3, no. 2 (2021): 60–75. http://dx.doi.org/10.33474/jas.v3i2.13091.

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The study aims to determine the judges basis consideration at the Religious Court of Metro City Lampung in the Case of Marriage Dispensation Decision in the perspective of Indonesian and Islamic Law Philosophy as a relief from obligations and prohibitions for men and women who have not met the age requirements for marriage. Men reach the 19 years and women 16 years which are allowed to marry under Law No.1 of 1974 concerning Marriage. What then happened was a renewal in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974. Marriage is only permitted if the man and woman have rea

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Yusuf, Yusuf. "DINAMIKA BATASAN USIA PERKAWINAN DI INDONESIA: Kajian Psikologi Dan Hukum Islam." JIL: Journal of Islamic Law 1, no. 2 (2020): 200–217. http://dx.doi.org/10.24260/jil.v1i2.59.

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Article 7 of Law No. 1 of 1974 established that the minimum age of marriage for men is 19 years old and women 16 years old. The regulation was amended through Law No. 16 of 2019 which sets the minimum threshold for marriage for men and women to be married is a minimum age of 19 years. Changes to the minimum marital boundaries are of course intended that the age of marriage becomes an inward part with the goal of marriage, animating the basis of marriage and it is hoped that in the future it will be able to minimize conflicts in the household. Unfortunately, the marriage age limit still causes

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