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All Journal Averroes: Journal for Science and Religious Studies
Edi Subhan
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Religion Biochemistry, Genetics & Molecular Biology Computer Science & IT Decision Sciences, Operations Research & Management Immunology & microbiology

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A Re-examination of the Law on Child Marriage Following the Enactment of Law No. 16 of 2019: A Maqasid al-Shari’ah Perspective Ahmad Fauzan; Edi Subhan
Averroes: Journal for Science and Religious Studies Vol. 2 No. 01 (2025)
Publisher : Yayasan Insan Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62446/averroes.020106

Abstract

Background Study: Law Number 16 of 2019 sets the minimum marriage age at 19 years while permitting dispensation under Article 7(2) in urgent circumstances. However, the absence of clear substantive criteria risks transforming this exception into a routine practice. Methods: This normative legal study applies statutory, case, and conceptual approaches. It examines relevant legislation, Constitutional Court Decision Number 22/PUU-XV/2017, Supreme Court Regulation Number 5 of 2019, the Compilation of Islamic Law, a court ruling, and marriage dispensation data from the Religious Courts Agency. Funding: The study received no specific funding and was independently conducted using publicly available legal materials, literature, and case data. Contribution: The study argues that the central problem lies not in the 19-year age threshold but in the weak substantive standards for granting dispensation. It reconstructs maqasid al-shari'ah from an explanatory framework into a tiered assessment instrument comprising four elements: qualification of urgent circumstances, assessment of less harmful alternatives, five domains of readiness as evidentiary criteria, and safeguards for the continuity of children's education. Conclusion: Marriage dispensation remains necessary as an exception but requires clear substantive thresholds to prevent it from becoming a parallel rule. This framework offers a more operational basis for adjudication. Further empirical research should examine more rulings and involve judges, children, parents, and other stakeholders.
Co-Authors Ahmad Fauzan