Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam

THE IMPLEMENTATION OF LEGAL PROTECTION AGAINST CHILD MARRIAGE FROM THE PRIMARY MAṢLAḤAH PERSPECTIVE

Andi Alauddin (Universitas Islam Ahmad Dahlan Sinjai)
Kiswa Alnadira (Institut Agama Islam Darud Dakwah Wal-Irsyad Maros)
Andi Muh. Taqiyuddin BN (Institut Agama Islam Darud Dakwah Wal-Irsyad Maros)
Jusalim Sammak (Institut Agama Islam Darud Dakwah Wal-Irsyad Maros)
Sapriadi (Universitas Islam Ahmad Dahlan)



Article Info

Publish Date
28 Sep 2026

Abstract

This study aims to analyze the implementation of legal protection against underage marriage and evaluate it from the perspective of primary maṣlaḥah (Maqāṣid al-Sharīʿah), focusing on a case study in Lau District, Maros Regency. Employing a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and document analysis involving marriage registrars at the Office of Religious Affairs (KUA), staff members of the Women's Empowerment and Child Protection Agency (DP3A), victims, and local community members. Data validity was assessed through triangulation. The findings reveal that legal protection has been implemented through preventive socialization programs, such as SAKINAH, BRUS, and BRUN, as well as through the rejection of marriage registration applications involving underage couples. However, implementation remains suboptimal due to the persistence of unregistered marriages (nikah siri) and marriage dispensations. From the perspective of Maqāṣid al-Sharīʿah, child marriage contradicts the core objectives of al-ḍarūriyyāt al-khamsah, particularly by threatening ḥifẓ al-nafs (health and safety), ḥifẓ al-ʿaql (education and intellectual development), ḥifẓ al-nasl (lineage and the welfare of offspring), and ḥifẓ al-māl (economic stability). To address these challenges, the study proposes an ideal model encompassing strengthened inter-institutional collaboration, continuous public outreach, stricter marriage-dispensation mechanisms involving psychologists and health professionals, post-marital support, and the integration of Maqāṣid al-Sharīʿah values into religious and community education.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

Description

The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical ...