Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Vol. 18 No. 2 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam

Early Marriage and Its Implications: An Analysis of the Minimum Marriage Age from the Perspectives of Islamic Law and Indonesian Marriage Law

Taqwanda Aulia M (Universitas Dr. Soetomo Surabaya, Jawa Timur, Indonesia)
M Syahrul Borman (Universitas Dr. Soetomo Surabaya, Jawa Timur, Indonesia)
Wahyu Prawesthi (Universitas Dr. Soetomo Surabaya, Jawa Timur, Indonesia)



Article Info

Publish Date
11 Aug 2026

Abstract

Marriageable age is ideally designed as a legal instrument to ensure the readiness of prospective spouses while protecting children from the social, psychological, and economic risks associated with early marriage. However, marriages below the statutory minimum age continue to occur through various social pressures and judicial dispensation mechanisms, raising concerns about the effectiveness of legal protection and family resilience. This study aims to analyze the minimum marriage age from the perspectives of Islamic law and Indonesian marriage law and to examine the implications of early marriage for child protection and family resilience. The study employs normative legal research using statutory, conceptual, and case approaches. Primary and secondary legal materials are analyzed descriptively, analytically, and prescriptively by integrating the concepts of baligh, maslahah, and maqāshid al-sharī‘ah. The findings indicate that the statutory minimum marriage age of 19 is substantively consistent with the principles of maslahah and harm prevention in Islamic law. However, its protective function is weakened when judicial dispensations are granted without rigorous consideration of the child’s best interests. Early marriage may increase vulnerabilities in education, economic independence, health, and family resilience. The study underscores the need for consistent age restrictions and child-centered judicial dispensations.

Copyrights © 2026






Journal Info

Abbrev

jurisprudensi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles ...