Jurnal Ilmiah Al-Syir'ah
Vol 20, No 1 (2022)

The Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach

Ibnu Radwan Siddik (Prodi Al-Ahwal Al-Syakhsiyah Fakultas Syari'
ah dan Hukum UIN Sumatera Utara)

Ibnu Radwan Siddik Turnip (Faculty of Sharia and Law, Universitas Islam Negeri Sumatera Utara)
Zainul Fuad (Doctoral Program in Islamic Law, Universitas Islam Negeri Sumatera Utara)
Nurhayati Nurhayati (Doctoral Program in Islamic Law, Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Jun 2022

Abstract

This paper discusses how the current social history of Islamic law in the Southeast Asian region relates to the minimum age of marriage. Then also, it will be examined how socio-cultural and socio-political influences surround the change in the provisions of the minimum age of marriage in the two countries. This normative legal research focused on studying legal history using the social history approach of Islamic law. Data is analyzed with qualitative methods. The results showed a change in the age of marriage in Indonesia, from 19 years for men and 16 years for women to 19 years for both men and women. While in Malaysia, most states have not changed the minimum age of marriage, remaining at 18 years old for men and 16 years for women. The change in the age of marriage occurs in the state of Selangor alone, which determines the marriage age limit is 18 years for men and women. The difference in terms of the marriage age limit in these two countries is strongly influenced by the socio-cultural and socio-political dynamics in society. The aspirations of some groups of people towa  rds changing the marriage age limit in both countries have also strengthened due to the growing number of cases of child marriage, extramarital pregnancy, and the practice of abortion in both countries.

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Journal Info

Abbrev

JIS

Publisher

Subject

Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Al-Syir'ah, with registered number ISSN 1693-4202 (Print), ISSN 2528-0368 (Online) is a peer-reviewed journal published twice a year in June and December by Faculty of Sharia, State Islamic Institute of Religious Affairs (IAIN) Manado. Jurnal Ilmiah Al-Syir'ah is a Communication Media ...