GANEC SWARA
Vol 18, No 2 (2024): Juni 2024

PHENOMENON OF UNDERAGE MARRIAGE: A STUDY IN THE PERSPECTIVE OF LAW AND ISLAM

MIEKE ANGGRAENI DEWI (Fakultas Hukum Universitas 17 Agustus 1945 (UNTAG) Semarang)
KUSWARINI KUSWARINI (Fakultas Hukum Universitas 17 Agustus 1945 (UNTAG) Semarang)
WIDIATI DWI WINARNI (Fakultas Hukum Universitas 17 Agustus 1945 (UNTAG) Semarang)



Article Info

Publish Date
06 Jun 2024

Abstract

Marriage is a bond that gives rise to a family as one of the elements in social and state life, regulated by legal rules, both Islamic law and positive law (state law). In marriage laws, the age limit for marriage has been stipulated (material requirements), one of which is the provision regarding the minimum age limit set forth in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage. In reality, many marriages are conducted below the provisions of marriage laws, which have long been happening not only in urban areas but also in remote areas. The reasons vary, due to economic issues, low education, understanding of cultural and certain religious values, and others. Most Muslim scholars agree that underage marriage is permissible with certain conditions. Thus, supported by the fact that our legal system does not criminalize such marriages and that this issue remains a subject of debate in society, underage marriages should not be criminalized in future law

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Journal Info

Abbrev

GARA

Publisher

Subject

Agriculture, Biological Sciences & Forestry Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Ganec Swara merupakan wadah untuk hasil penelitian dan ulasan ilmiah pada bidang-bidang ilmu seperti Ilmu Sosial, Pertanian, Ekonomi, Teknik, Hukum, Kependidikan dan ...