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Akram, Fayyadh
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Law, Crime, Criminology & Criminal Justice

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Prevention of Underage Marriage in the Perspective of Islamic Law and Laws and Regulations Akram, Fayyadh; Mardiantari, Ani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i1.7566

Abstract

This study examines the prevention of child marriage in the perspective of Islamic law and laws and regulations in Indonesia. Child marriage is still a serious problem that has an impact on educational, health, psychological, and child rights protection. Normatively, Islam places marriage as a sacred institution that aims to realize the benefit, peace, and sustainability of offspring. Meanwhile, Indonesia's positive law through changing the marriage age limit in Law Number 16 of 2019 is a progressive step in strengthening child protection. This study uses a juridical-normative approach with a conceptual analysis of the postulates of fiqh, maqāṣid al-syarī'ah, and national regulations related to child protection and marriage. The results of the study show that the prevention of child marriage is in line with the principles of maqāṣid al-syarī'ah, especially the protection of the soul (ḥifẓ al-nafs), reason (ḥifẓ al-'aql), heredity (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Therefore, the synergy between Islamic law and laws and regulations is an important instrument in reducing the rate of child marriage in Indonesia.
Co-Authors Mardiantari, Ani