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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Bunyamin yafid
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Economics, Econometrics & Finance Public Health Social Sciences

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The Role of Education in Preventing Early Marriage and Impact on Family Law in Indonesia Bunyamin Yafid; Mujahidin; Winda Sari
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.6913

Abstract

The purpose of this study is to analyze the role of education in preventing early marriage in Indonesia, as well as to explore its impact on family law. This study uses a qualitative descriptive method with a normative legal approach to analyze cases of early marriage in Indonesia from the perspective of protecting children's rights. Data were obtained from print media, online media, and previous research, as well as expert opinions and community groups. The conclusion shows that the impact of early marriage on family law shows that even though there are regulations governing the age limit for marriage, this practice is still ongoing and gives rise to various problems, both in terms of law, social, and psychological. Early marriage has the potential to harm the rights of women and children, such as limited access to education, poor health, and the inability to manage a household properly which often leads to divorce. Family law needs to be strengthened, both in terms of supervision, protection of individual rights, and community empowerment, to overcome this problem and ensure that every individual enters marriage at an age that is physically, mentally, and socially mature.
Legal Protection of Children in Early Marriage Cases: An Islamic Law and Positive Law Perspective Bunyamin Yafid; Nismayani B.; Muh. Idham
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i3.7919

Abstract

This study aims to analyze the legal protection of children in cases of early marriage from the perspective of Islamic law and positive law in Indonesia. The main focus of this research is to find a meeting point between religious norms and national legal provisions in providing protection for children's rights. The method used is qualitative research based on library research with a normative-philosophical approach, examining both classical and contemporary Islamic literature, statutory regulations, and empirical data from relevant institutions. The findings show that although positive law has established a minimum age for marriage, its implementation still faces challenges due to legal loopholes, particularly through the marriage dispensation mechanism. Meanwhile, Islamic law, through the maq??id al-syar?‘ah approach, provides normative support for age restrictions for the sake of the child's well-being. Therefore, harmonizing these two legal systems is essential to build a more just, humanistic, and sustainable legal protection framework for children in Indonesia.
Co-Authors Muh. Idham Mujahidin Mujahidin Nismayani B. Winda Sari