Al-Maslahah
Vol 11, No 2 (2015)

MENELAAH KEMBALI KETENTUAN USIA MINIMAL KAWIN DI INDONESIA MELALUI PERSPEKTIF HERMENEUTIKA

Ahmad Masfuful Fuad (Alumnus Program Magister (S2) Hukum Islam UIN Sunan Kalijaga Yogyakarta)



Article Info

Publish Date
20 Oct 2015

Abstract

Reviewing the minimum marrying age provision through legal hermeneutic approach could analyze three main points: First, the context of the determination of the minimum age to marry in UU No. 1 1974; Second, the authentic meaning of the provisions of the minimum marriage age limit in the UU No. 1 1974; Third, the relevance of the provisions of the minimum marriage age limits and the contribution to the social development of society. The findings of this article are: (1) The context of the birth of Article 7 (1) of UU No. 1 1974 about marriage is the fusion of the social, political, cultural, economic and religious factors; (2) The meaning of the delimitation of the minimum age at marriage in the Marriage Act is to create quality family through preventive cultural practices of early marriage/underage, so that people can realize the goal of marriage is good with no end in divorce and got a good offspring and healthy; (3) The determination of a minimum marriage age limit in Article 7 paragraph (1) is considered to be irrelevant because that is not in accordance with the spirit of the law of the birth of the chapter. Therefore, the necessary review and change the contents of that article in order to contribute to the social development of society, namely in terms of health, education, economy and population.

Copyrights © 2015






Journal Info

Abbrev

Almaslahah

Publisher

Subject

Religion Economics, Econometrics & Finance

Description

Al-Maslahah (ISSN: 1907-0233, E.ISSN: 2502-8367) is a scientific journal in the fields of syari’ah that published by Syari’ah and Islamic Economic Faculty. Pontianak State Institute of Islamic Studies. This journal contains the masterpiece of professional writers and researchers. The vission of ...