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All Journal Al Ushuliy MASADIR: Jurnal Hukum Islam
Zulfan
Imam Bonjol State Islamic University Padang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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2019 Marriage Law Triggered “Baby Bust'” An Islamic Legal Perspective On The Decline In Marriage Rates Yulizain Putra; Elfia; Zulfan
MASADIR: Jurnal Hukum Islam Vol. 5 No. 02 (2025): Oktober 2025
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v5i02.1896

Abstract

The Marriage Law No. 1 of 2019 in Indonesia has sparked debates on its potential to trigger a "baby bust" phenomenon, characterized by declining marriage rates and fertility. This study examines the Islamic law perspective on how the law's provisions such as raising the minimum marriage age to 19 years contribute to reduced marriages. Employing a qualitative juridical-empirical method, data were gathered through literature review of fiqh texts (mazhab Syafi'i, Hanafi, Maliki, and Hanbali) and empirical analysis of marriage statistics from BPS (2015-2023). Results reveal a 15% drop in marriage rates post-2019, aligned with Islamic principles emphasizing maslahah (public interest) yet conflicting with urfi marriage customs in rural areas. Discussion posits that while the law upholds child protection (hifz al-nasl), it inadvertently discourages early marriages, prompting fatwa adaptations from MUI. Recommendations include harmonizing statutory law with Islamic jurisprudence to mitigate demographic declines.
Understanding Indonesia's Baby Bust: Demographic Implications of Marriage Law Reform and Islamic Legal Perspectives Yulizain Putra; Misi Anggraini; Elfia; Zulfan
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v5i1.16816

Abstract

Indonesia has recently experienced declining marriage and fertility rates, raising concerns about an emerging baby bust phenomenon and its long-term demographic implications. This study examines the relationship between Marriage Law No. 16 of 2019, which raised the minimum marriage age to 19 years, and the decline in marriage rates from the perspective of Islamic jurisprudence. Using a qualitative juridical-empirical approach, the study analyzes classical fiqh texts, including Al-Umm, Al-Hidayah, Al-Mudawwanah, and Al-Mughni, alongside marriage statistics published by Statistics Indonesia (BPS) from 2015 to 2023. The findings indicate a significant decline in marriage registrations after the enactment of the law, particularly among young adults, potentially contributing to delayed family formation and lower fertility rates. Classical Islamic jurists generally regard marriage as a means of protecting lineage (hifz al-nasl) while recognizing public welfare (maslahah) as a basis for legal regulation. The study argues that the law supports child protection objectives but may generate unintended demographic consequences when not accompanied by adequate social and economic support. It recommends strengthening premarital education, expanding support programs for young families, and enhancing policy coordination between government institutions and religious authorities.
Co-Authors Elfia Misi Anggraini Yulizain Putra