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All Journal El 'Aailah
Diella Anggieta Maharani
Universitas Islam Negeri (UIN) Maulana Malik Ibrahim Malang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PUTUSNYA PERKAWINAN (PERBANDINGAN MAZHAB FIQH) Attahiraa Prajna Paramitha; Diella Anggieta Maharani
El 'Ailaah Vol 5 No 2 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i2.387

Abstract

Marriage in Islam holds a sacred meaning as a form of a holy covenant between a man and a woman to build a harmonious family. However, marriage can be dissolved due to death, divorce, or a court ruling. This study aims to explain the concept of marriage dissolution in the perspectives of various fiqh schools of thought and to compare their views. The research method used is normative legal research with a library research approach. This study examines the views of the four major schools of thought Hanafiyah, Malikiyah, Syafi’iyah, and Hanbali regarding the forms of marriage dissolution, such as talak, fasakh, khulu’, ila’, syiqaq, li’an, zhihar, and taklik talak. The results of the study show that there are differences in the schools' views regarding the laws, procedures, and reasons that justify marriage dissolution. Talak, for instance, is classified into several types according to the stipulations of each school. Meanwhile, fasakh and khulu’ also have specific mechanisms in each school of thought. By understanding these differences, this study provides an in-depth insight into the flexibility and dynamics of Islamic law in resolving marital issues.
DINAMIKA REGULASI USIA MINIMAL PERNIKAHAN: STUDI KOMPARATIF HUKUM POSITIF INDONESIA, TIMUR TENGAH DAN PERSPEKTIF FIQH ISLAM: USIA PERNIKAHAN DALAM HUKUM POSITIF DI INDONESIA , PENGATURAN BATAS USIA PERNIKAHAN DI NEGARA-NEGARA TIMUR TENGAH, BATAS USIA PERNIKAHAN DALAM KONSEP FIQH, DAMPAK PERNIKAHAN YANG DILAKUKAN DIBAWAH USIA Diella Anggieta Maharani; Attahiraa Prajna Paramitha
El 'Ailaah Vol 5 No 2 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i2.389

Abstract

Determining the minimum age for marriage is a crucial issue in family law studies, with broad implications for the protection of children's rights, reproductive health, and the psychological readiness of couples to establish a family. Setting the minimum age for marriage is not merely a legal issue but also encompasses the social, cultural, and religious dimensions that exist within society. Therefore, the differences in marriage age settings across legal systems are interesting to examine comparatively. This article aims to analyze the comparative law on the age of marriage in Indonesian Positive Law, marriage laws in several Middle Eastern countries, and the perspective of Islamic Fikih. In Indonesia, the minimum age of marriage is regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974, which sets the minimum age limit for marriage at 19 years for both men and women. Meanwhile, Middle Eastern countries show variations in the age limit for marriage, depending on the interpretation of Islamic law and the policies of each country. Islamic Fikih, which is based on the Quran and Hadith, does not set a specific age, but recommends physical and mental maturity as the main requirements. This study finds that differences in marriage age regulations reflect the complexity of the interaction between religious law, social norms, and state policies.
Co-Authors Attahiraa Prajna Paramitha