DE JURE
Vol 15, No 1 (2023)

Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia

Ismail, Ismail (Unknown)
Busyro, Busyro (Unknown)
Yenti, Endri (Unknown)
Amin, Saiful (Unknown)
Alwana, Hanif Aidhil (Unknown)



Article Info

Publish Date
06 Jul 2023

Abstract

Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.

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Journal Info

Abbrev

syariah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri ...