Rani Hendriana
Fakultas Hukum, Universitas Jenderal Soedirman, Purwokerto, Indonesia

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Peran Pusat Pembelajaran Keluarga dalam Mendukung Penghalalan Perkawinan Usia Anak di Wonosobo Setya Wahyudi; Nurani Ajeng Triutami; Rani Hendriana
Hakikat: Journal of Halal Studies Vol 1 No 1 (2025): Hakikat : Journal of Halal Studies April 2025
Publisher : LPPM Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.hakikat.2025.1.1.15023

Abstract

This study aims to analyze positive legal regulations in Indonesia and the views of Islamic law in determining the dispensation of child marriage, as well as assess the extent of the role of the Family Learning Center (Puspaga) in efforts to prevent child marriage from being processed in Wonosobo. The research method used is qualitative research with a socio-legal approach. Data was obtained through literature studies, interviews with policy makers, and analysis of child marriage dispensation policy documents. The results of the study show that in positive law, marriage dispensation can only be given with urgent reasons and sufficient evidence and must consider the best interests of the child. In Islamic law, the ability to marry children is related to maqashid sharia, especially the aspects of protection of the soul (hifz al-nafs) and heredity (hifz al-nasl), which prioritize the welfare of children. The role of Puspaga shows that this institution plays an important role in providing recommendations based on psychological assessments, mental readiness, reproductive health, and potential social and economic impacts for children. The findings of the study revealed that in practice, Puspaga tends not to necessarily recommend child marriageThe majority of the recommendations issued show that children have not met the criteria for readiness to marry, both in terms of psychological, health, and economic independence. This reflects Puspaga's cautious approach in preventing child marriage which can have a negative impact on the child's future. Thus, although the dispensation regulation allows child marriage, Puspaga's recommendations more often lead to the postponement or rejection of the dispensation in the best interests of the child.