Ahkam: Jurnal Ilmu Syariah
Vol 17, No 2 (2017)

Telaah Kritis Terhadap Perkawinan Usia Muda Menurut Hukum Islam

Moh. Ali Wafa (Unknown)

Article Info

Publish Date
05 Jul 2017

Abstract

Young marriage discourse has always been a debate in Islamic legal thought. This study analyzes differences of opinion among jurists in determiningage limits (balīgh, iḥtilām, rushd) which implicates the right of ijbār in marriage.The scholars of Shafiyah allow the right of ijbār with very difficult and rigid requirements, while Ibn Shubrumah, Abu Bakr, Al-A'sham and Al-Batii do not allow the right of ijbār, even their marriages are considered null and legal. This study found that marriage of young age is determined by the benefits arising from marriage. This study has implications for the implementation of the maslahah mursalah as an alternative in establishing the law on the age limit of marriage in Indonesia. DOI: 10.15408/ajis.v17i2.6232  

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Journal Info
Ahkam: Jurnal Ilmu Syariah
Website

Abbrev

ahkam

Publisher

Universitas Islam Negeri Syarif Hidayatullah Jakarta

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope FOCUS This journal focused on Islamic Studies and present developments through the publication of articles and research reports. SCOPE Ahkam specializes on islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes ...