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All Journal Amorti: Jurnal Studi Islam Interdisipliner Jurnal Syariah, Hukum, dan Ekonomi Islam
Sarkanto
INISNU Temanggung, Indonesia
Religion Humanities Education Social Sciences Other

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Unregistered marriages in islamic law: Ensuring children's rights amidst legal validity Sarkanto; Hari Widiyanto
Amorti: Jurnal Studi Islam Interdisipliner Vol. 3 No. 3 Juli 2024: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v3i3.345

Abstract

This study aims to analyze the validity of Unregistered marriages from the perspective of Islamic law and its impact on children's rights, focusing on the decision of the Singaraja Religious Court Number 17/Pdt.P/2024/PA.Sgr. Unregistered marriages, although valid in Islam, are not legally recognized by the state without official registration. This has various legal implications, especially for children's rights. Children from serial marriages often do not get alimony rights, inheritance rights, and official identity recognition. This study uses a normative legal approach with descriptive analysis to explore the phenomenon of Unregistered marriages and its impact on children's rights from the perspective of Islamic law and positive law in Indonesia. The study results show that the court's determination of a child's origin provides a legal and recognized status, allowing access to rights such as education, health, and inheritance. Awareness of married couples and policy support from the government is needed to protect children's rights and ensure better legal certainty.
Dispensation of Marriage Age: Istishlah Analysis Sarkanto; Sukron Mubarok; Muhammed Zaki Tamami; Baedhowi
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i2.1549

Abstract

Marriage that occurs at too young an age can pose certain risks, such as domestic violence. Law Number 1 of 1974 on Marriage stipulates that the minimum age for marriage is 19 years for men and 16 years for women. However, in special situations, such as premarital pregnancy, an age dispensation for marriage may be granted to couples who have not reached the minimum age set by law. This paper aims to examine the istishlah (public interest) perspective on the minimum age for marriage according to positive law and the Compilation of Islamic Law. It also explores the perspective of istishlah on the dispensation of marriage age. The research method used in this paper is library research, where the study is conducted by gathering data or scholarly literature related to the topic. In-depth analysis of the research object is carried out through critical examination of relevant sources, focusing on addressing fundamental issues. Considerations of maslahah mursalah (unrestricted public interest), which emphasize benefits and the avoidance of harm, are central. In Islamic law, the minimum marriage age can vary depending on the social and cultural context, as Islam does not explicitly set a minimum age. However, the minimum age in the Compilation of Islamic Law (KHI) is determined based on considerations of public welfare and the prevention of harm. The granting of marriage dispensations prioritizes the avoidance of harm over the pursuit of certain family benefits or welfare.
Co-Authors Baedhowi Hari Widiyanto Muhammed Zaki Tamami Sukron Mubarok