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All Journal Sanskara Hukum dan HAM
Yasir Mubarok
Universitas Islam Negeri Siber Syekh Nurjati Cirebon
Law, Crime, Criminology & Criminal Justice

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Pernikahan Dini sebagai Ancaman terhadap Hak Anak Perspektif Maqāṣid Syarī‘ah Yasir Mubarok; Wasman Wasman
Sanskara Hukum dan HAM Vol. 5 No. 01 (2026): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v5i01.874

Abstract

This study examines the practice of early marriage as an issue affecting the fulfillment of children's rights from the perspectives of Indonesian positive law and Maqāṣid Sharī‘ah. Early marriage remains a persistent social phenomenon in various regions of Indonesia despite legal provisions establishing a minimum marriage age under Law No. 16 of 2019 on Marriage and protecting children's rights through Law No. 35 of 2014 on Child Protection. This research employs a normative legal method using statutory, conceptual, and Islamic law approaches. The findings indicate that early marriage has the potential to hinder the fulfillment of children's rights, particularly the rights to education, protection, healthcare, and optimal psychological development. From the perspective of Maqāṣid Sharī‘ah, the practice should be assessed based on the principles of public welfare (maṣlaḥah) and the prevention of harm (mafsadah). Although marriage is generally permissible in Islam, its implementation must take into account physical, mental, and social maturity to avoid adverse consequences. Therefore, early marriage is more likely to cause harm than to provide benefits when undertaken without adequate preparedness. This study highlights the importance of strengthening legal regulations, enhancing public education, and increasing community awareness to prevent early marriage and ensure the comprehensive protection of children's rights.
Co-Authors Wasman Wasman