Journal of Social Work and Science Education
Vol. 8 No. 1 (2027): Forthcoming Issue

The Legal Validity of Early Marriage from the Perspectives of Positive Law and Islamic Law

Nairi Sa’adah (Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Jambi, Indonesia)
Risnita Risnita (Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Jambi, Indonesia)
Abdul Halim (Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Jambi, Indonesia)



Article Info

Publish Date
12 Oct 2026

Abstract

This study aims to analyze the legitimacy of early marriage from the perspectives of positive law and Islamic law, particularly through the practice of marriage dispensation in the Religious Courts. This research employs a normative legal method with statutory, conceptual, and case approaches through literature studies on regulations, court decisions, and Islamic legal literature. The findings reveal that marriage dispensation exists within the tension between legal norms, religious values, and social realities, causing it to frequently function as a solution to social pressures such as premarital pregnancy, social stigma, and economic factors. The variation in judges’ considerations in deciding marriage dispensation cases demonstrates textual-normative, contextual-pragmatic, and progressive-protective approaches, resulting in inconsistencies in judicial decisions. In addition to providing legal certainty regarding marital and child status, marriage dispensation also has the potential to normalize early marriage practices and increase the vulnerability of children and women. Therefore, harmonization between positive law and Islamic law is necessary through strengthening child protection, standardizing emergency criteria, and reorienting Islamic family jurisprudence toward a paradigm that emphasizes not only biological legality but also psychological readiness, public welfare, and the sustainability of family life.

Copyrights © 2027






Journal Info

Abbrev

jswse

Publisher

Subject

Religion Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media

Description

The Journal of Social Work and Science Education (JSWSE) is firmly established as an authoritative voice in the world of social work and science education with E-ISSN: 2723-6919 and P-ISSN 2746-0827. JSWSE publishes scholarly papers that focus on the social science, teaching and learning, science in ...