Jurnal Ilmiah Hukum LEGALITY
Vol. 29 No. 2 (2021): September

Islamic triangle concept of marital age: Indonesian experience

Fauzan Muhammadi (Faculty of Law, Universitas Ahmad Dahlan, Indonesia)
Eva Wulandari (Faculty of Law, Universitas Ahmad Dahlan, Indonesia)
M. Hajir Susanto (Faculty of Law, Universitas Ahmad Dahlan, Indonesia)



Article Info

Publish Date
27 May 2021

Abstract

Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three parallel concepts: maslahah, ra’iyyatul imam manūtun bil maslahah, and sadd al-zarī’ah, all of which allow valuable considerations based on actual problematic issues of underage marriage.

Copyrights © 2021






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...