Al-Mizan: Jurnal Hukum Islam dan Ekonomi Syariah
Vol 12 No 1 (2025): Al-Mizan

Harmonisasi Hukum Islam dan Undang-Undang Perkawinan di Indonesia: Kajian Terhadap Usia Minimal Perkawinan

Nur, Syamsiah (Unknown)
Mudar, Andi Nadir (Unknown)
Hamdiyah, Hamdiyah (Unknown)
Munawar, Sofyan (Unknown)
Priyanto, Priyanto (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

This study discusses the harmonization between Islamic law and the Marriage Law in Indonesia, focusing on the minimum age of marriage. In Islamic law, the age limit for marriage is related to the concepts of baligh and rusyd, which, in classical fiqh, do not specify an exact number but depend on biological signs and intellectual maturity. Contemporary scholars, through the maqashid syariah approach, emphasize the protection of life, intellect, and lineage as fundamental principles in determining the appropriate age for marriage. In line with this, the amendment of the Marriage Law from Law No. 1 of 1974 to Law No. 16 of 2019 raised the minimum marriage age to 19 years for both men and women, considering health factors, children's rights, and the prevention of early marriage. This study analyzes the compatibility of this regulation with maqashid syariah and the challenges in harmonizing Islamic law with state law, including the marriage dispensation mechanism, which still allows room for underage marriages. Through an interdisciplinary approach, this study asserts that legal harmonization can be achieved through policies based on public welfare and child protection principles, ensuring that Islamic law remains relevant within the modern national legal framework.

Copyrights © 2025






Journal Info

Abbrev

jiam

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

The Al-Mizan Journal focuses on the study of Journal of Islamic Law and Sharia Economics. The study of Journal of Islamic Law and Sharia Economics which focuses on universal and Islamic values by upholding diversity and humanity. Al-Mizan Journal studies are published based on research results both ...