USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 1 (2026): Januari

PERNIKAHAN DINI DALAM PERSPEKTIF HUKUM KELUARGA ISLAM DAN HUKUM POSITIF INDONESIA: IMPLIKASI TERHADAP PEMENUHAN HAK DAN KEWAJIBAN SUAMI ISTRI(Studi Kasus di Desa Lubuk Betung)

Misbahuzzulam (Unknown)
Alwi Hidayat (Unknown)



Article Info

Publish Date
05 Jan 2026

Abstract

This study examines the practice of early marriage from the perspective of Islamic family law and Indonesian positive law, focusing on its implications for the fulfillment of the rights and obligations of husbands and wives. The main issue analyzed is the tension between the legality of marriage dispensations and the reality of young couples' unpreparedness to carry out household responsibilities. This study uses a normative juridical approach combined with an empirical approach through a review of legislation, Islamic family law literature, and field data from interviews in Lubuk Betung Village. The results show that early marriage leads to failure to fulfill physical and emotional needs, imbalance in husband-wife relations, weak family economic resilience, and increased conflict and divorce. These findings indicate that early marriage tends to fail to achieve the objectives of marriage in Islamic family law. Therefore, this study emphasizes the importance of the maqāṣid al-syarī‘ah approach, particularly ḥifẓ al-nafs and ḥifẓ al-nasl, as the basis for reconstructing marriage dispensation policies oriented towards the welfare of the family.

Copyrights © 2026






Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...