IIJSE
Vol 8 No 1 (2025): Sharia Economics

The Relevance of Maqashid Syari'ah in Determining the Age Limit for Marriage: A Study of the Implementation of Law No. 16 Years 2019

Hutabarat, Syahputri (Unknown)
Yazid, Imam` (Unknown)
Zahara, Fatimah (Unknown)



Article Info

Publish Date
14 Feb 2025

Abstract

Determination of the marriage age limit through Law No. 16 of 2019 reflects progressive steps in protecting children's rights and preventing the negative impacts of early marriage. This study aims to analyze the relevance of maqashid sharia in supporting this policy, especially in maintaining the five main principles: protection of religion (hifz al-din), soul (hifz al-nafs), reason (hifz al-'aql), descendants (hifz al-nasl), and property (hifz al-mal). With a normative approach and qualitative analysis of Islamic legal literature and related legal documents, this research reveals that a higher marriage age limit is in line with the Sharia goal of ensuring the welfare of individuals and society. Apart from that, the implementation of Law No. 16 of 2019 is faced with challenges, such as cultural resistance and lack of legal awareness, which require educational strategies and strengthening regulations. This study provides practical recommendations for policy makers to align maqashid sharia with the implementation of the law, to support quality and sustainable family development.

Copyrights © 2025






Journal Info

Abbrev

iijse

Publisher

Subject

Economics, Econometrics & Finance

Description

The Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) is Sharia Economics Journal published by Sharia Economics Department Institut Pesantren KH. Abdul Chalim, Mojokerto. The Journal focuses on the issues of Sharia Economics, the History of Islamic Economic Thought, Islamic Law, Local ...