Kiswa Alnadira
Institut Agama Islam Darud Dakwah Wal-Irsyad Maros

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THE IMPLEMENTATION OF LEGAL PROTECTION AGAINST CHILD MARRIAGE FROM THE PRIMARY MAṢLAḤAH PERSPECTIVE Andi Alauddin; Kiswa Alnadira; Andi Muh. Taqiyuddin BN; Jusalim Sammak; Sapriadi
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4734

Abstract

This study aims to analyze the implementation of legal protection against underage marriage and evaluate it from the perspective of primary maṣlaḥah (Maqāṣid al-Sharīʿah), focusing on a case study in Lau District, Maros Regency. Employing a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and document analysis involving marriage registrars at the Office of Religious Affairs (KUA), staff members of the Women's Empowerment and Child Protection Agency (DP3A), victims, and local community members. Data validity was assessed through triangulation. The findings reveal that legal protection has been implemented through preventive socialization programs, such as SAKINAH, BRUS, and BRUN, as well as through the rejection of marriage registration applications involving underage couples. However, implementation remains suboptimal due to the persistence of unregistered marriages (nikah siri) and marriage dispensations. From the perspective of Maqāṣid al-Sharīʿah, child marriage contradicts the core objectives of al-ḍarūriyyāt al-khamsah, particularly by threatening ḥifẓ al-nafs (health and safety), ḥifẓ al-ʿaql (education and intellectual development), ḥifẓ al-nasl (lineage and the welfare of offspring), and ḥifẓ al-māl (economic stability). To address these challenges, the study proposes an ideal model encompassing strengthened inter-institutional collaboration, continuous public outreach, stricter marriage-dispensation mechanisms involving psychologists and health professionals, post-marital support, and the integration of Maqāṣid al-Sharīʿah values into religious and community education.