This article discusses the differences between classical and contemporary interpretations regarding the law on child marriage and the provisions on bulugh al-nikah (marriage age limit). The purpose of this article is to examine and describe the verses that describe child marriage, how classical interpretations tend to be gender biased and contemporary gender-just interpretations of bulugh al-nikah appear. This type of research is library research (library research) with descriptive analysis methods. Data collection by collecting verses that indicate child marriage and analyzing the views of classical scholars and feminist figures. This research found that classical ulama did not stipulate bulugh al-nikah. Bulugh al-nikah in surah al-Nisa verse 6 transactions with puberty in the context of managing the assets of orphans and scholars of the four schools of thought does not make baligh and 'aqil a condition for a valid marriage. This classic view is found in surah al-Thalaq verse 4 regarding the 'iddah period of women who have not yet menstruated and the history of the marriage of the Prophet Muhammad Saw and Siti Aisyah who was still 6 years old. Meanwhile, feminist interpretations prohibit child marriages featuring feminist figures such as Husein Muhamad, Musdah Mulia and Badriyah Fayumi. They established the bulugh al-nikah. According to them, puberty is not only related to biological aspects, but also having readiness, maturity and maturity both physically, financially and mentally as preparations for living the household. Their view is based on the purpose or maqashid of marriage sharia which is explained by other verses, such as surah al-Rum verse 21 and surah al-Nisa verse 9 that marriage is not limited to physical and biological relations, but reaches the central institution, namely a happy family in bondage. . the holy (mitsaqan ghaliza).
Copyrights © 2024