Transformatif
Vol 6, No 2 (2022): ISSUED IN OCTOBER 2022

Limiting The Age if Marriage in Indonesia: Harmonization Between Living Law and Positive Law

Khafid Abadi (UIN K.H. Abdurrahman Wahid Pekalongan)



Article Info

Publish Date
30 Oct 2022

Abstract

The pattern of harmonization of the age limit for marriage in Indonesia between living law and positive law is described in this study. The purpose of this descriptive-analytic study is to provide a comprehensive explanation of the age limit for marriage from a variety of perspectives. The method of seeking to harmonize Islamic and positive law was then used to analyze and interpret the obtained data. Harmonization in limiting the age of marriage can be seen in three ways, according to the findings of this study: First, the philosophical differences between the two regarding how to interpret marriage's purpose. According to both positive and Islamic law, marriage is intended to benefit both parties. Second, Epistemological Considerations Islamic law provides an epistemological foundation for the government's age limit for marriage, siyasah syar'iyyah. Third, the legal aspect: despite the fact that positive law stipulates that a person must be 19 years old to get married, the state provides a marriage dispensation mechanism as an emergency exit for marriages performed before that age

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Journal Info

Abbrev

TF

Publisher

Subject

Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal of Transformatif is a peer-reviewed journal published twice yearly. As a multi-disciplinary publication dedicated to the scholarly study of all aspects of Islam and of the Islamic world, its particular attention is paid to works dealing with education, history, geography, political ...