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All Journal Jurnal Ilmiah Ekonomi Islam Al-'Adl Madinah: Jurnal Studi Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Jumat Keagamaan: Jurnal Pengabdian Masyarakat Action Research Literate (ARL) Kartika: Jurnal Studi Keislaman Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Jurnal Keislaman Jurnal Cendekia Ilmiah
Khasanah, Fitrohtul
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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The Benefits of Mursalat Related to Early Marriage: Implementation and Orientation From an Islamic Legal Perspective Widiyanto, Hari; Arifuddin, Qadriani; Khasanah, Fitrohtul; Fathudin; Saifudin; Muhajir
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5836

Abstract

Early marriage is a growing phenomenon in many countries, including countries with a Muslim majority. In the perspective of Islamic law, marriage is a part of worship that is highly valued, but there are provisions that must be considered so as not to harm the parties involved, especially in the context of early marriage. One approach used to assess whether early marriage is permitted or not in Islamic law is through the concept of maslahat mursalat, which is an effort to achieve public welfare that is not explicitly regulated in the Shari'a, but can be taken based on the goals and basic principles of Islam. This paper aims to analyze the application of the concept of maslahat mursalat in the context of early marriage, as well as its implications for the implementation of Islamic law. This study includes an analysis of the social, economic, and health impacts associated with early marriage, and discusses how Islamic law assesses young marriage by considering maslahat and mudarat (benefits and disadvantages). This study also seeks to examine how the orientation of maslahat mursalat can help align Islamic law with the needs of today's society, amidst the challenges of early marriage that often ignore the emotional, social, and physical readiness of individuals. The results of this study indicate that from the perspective of maslahat mursalat, early marriage is only permitted if it meets the criteria of greater welfare and does not bring harm to the parties involved. In addition, policy recommendations regarding early marriage need to consider various factors that support individual welfare, including education, mental readiness, and social and economic support. Therefore, the implementation of early marriage must be carried out carefully and wisely, ensuring that it does not violate the basic principles of Islamic law which emphasize the welfare of humanity.
Perubahan Batasan Umur Pernikahan dalam Perspektif Maqashid Syariah Haikal Fakhri, Muhammad; Khasanah, Fitrohtul; Marzuki, Arifuat
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

Underage marriage is still a big legal and social problem in Indonesia. In the perspective of Islamic family law, marriage validity depends on fulfilling the legal pillars and conditions without a strict age limit, Law No. 16 of 2019 says that the bride and groom must be at least 19 years old. This study seeks to examine Islamic family law and safeguarding children viewpoints about underage marriage and to delineate their areas of convergence. Using descriptive-comparative analysis of main and secondary legal texts, the study takes a normative-juridical approach. The findings show that while Islamic law does not specifically restrict marriage age, the maqasid syariah prioritizes the protection of life and lineage (hifz an-nafs and hifz an-nasl), which is consistent with national law's best interests of the kid premise. Therefore, within the contemporary framework of child protection, the age restriction in marriage is an embodiment of sharia values.
Co-Authors Agustin, Eni Aisa, Aufia Al-Husnin, Mohammad Iqbal Maulana Alfianti, Rizqi Arifuddin, Qadriani Damasanti, Alvina Diana Nur Sholihah Fathudin Fathur Rahman Fatonah, Nelli Haikal Fakhri, Muhammad Karimullah, Suud Sarim Malikhah, Wafiyatul Marzuki, Arifuat Masruroh, A’ida MUHAJIR Muhajir Muhajir Muhajir Muhajir, Muhajir Muslihah, Ana Milhatul Mustika Sari, Yunita Dwi Nur Roziqin, Muhammad Nursobah, Achmad Rina Dian Rahmawati Saifudin Saifudin Saifudin Sholihah, Daimah Widiyanto, Hari