Interpretation of Marriage Law Determination: An Analysis Study of the Adult Age of Marriage in Indonesia

Abstract

This study addresses the implementation challenges of Indonesia’s Law No. 16 of 2019, which amended Law No. 1 of 1974 regarding marriage. The previous law set minimum marriage ages at 19 for men and 16 for women; the 2019 amendment raised the minimum age for women to 19, standardizing it for both sexes. A key issue highlighted is that this legal age limit may not fully account for the necessary biological, sociological, and other preparations essential for marriage, despite the aim of legal reform to protect family integrity. The research specifically focuses on the implications of this minimum marriage age from the perspective of Islamic law. Using a qualitative, descriptive-analytical library research method with an Islamic law approach, the study examines the differing views on the concept of maturity for marriage. The findings indicate that while the previous age of 16 for women was often considered adolescence in terms of overall maturity, the new legal age of 19 for both men and women is generally regarded as adulthood and deemed prepared for initiating family life within the framework of Islamic law.

Keywords: Interpretation, legal determination, marriage, adult age.

Introduction

The existence of Islamic family law, especially in the study of limiting the age of marriage, is endless and deserves to be discussed from time to time, but it also attracts the attention of legislators, academics, and family law observers who study it from their respective scientific perspectives. However, studying in depth the modernization of Islamic family law through the issue of the age of marriage in Indonesia, of course, cannot be separated from the study of the social history of Islamic marriage law which has been recorded in the study of Islamic law.[1] In the renewal of Islamic family law, it is necessary to explore the important aspects behind the social dynamics in the discussion of Islamic family law.[2] The Islamic family law justice system, as one part of the national legal system project.[3] This can be seen based on the dynamics of the legislative process carried out by the government, although at the beginning of independence, the government was not very concerned with Islamic judicial institutions. As a result, the government, which only regulates marriage administration issues, has an impact on the practice of family law, which is still directly proportional to the existing law.[4]

The strengthening of understanding of law as a tool of social engineering and supported by legal instruments that have existed before, has an impact on the increasingly active government in issuing legal products in the form of regulations on family law. One of its achievements is the enactment of the Marriage Law No. 1 of 1974 concerning marriage.[5] In this regard, the government has succeeded in articulating the important elements in the practice of Islamic family law into the standard legal language that has until now been applied nationally. The context of the initial period of enactment of the Marriage Law above, in historical records also cannot be separated from its socio-historical context.[6] On the one hand, this is due to the still strong taklid attitude of some Indonesian people towards certain schools of thought, while on the other hand, the position of Islamic law in the context of the state always reaps polemics, especially in the stage of state ideological debate, so that Islamic law seems to be at the midpoint between the paradigms of the state religion and state paradigm.[7] The development of the paradigm that the legal function is effective as a means of social engineering above, has made the state’s efforts through the Marriage Law successful in changing several things related to the practice of marriage in Indonesia, including the issue of the age of marriage.

In historical records, the application and uniformity of the minimum age for marriage in Indonesia, initially, wanted to be regulated through the contents of Article 7 paragraph (1) of the 1973 Marriage Law which states that the minimum age for marriage is 21 years for men and 19 years for women.[8] However, because this draft law has drawn debates that are prone to conflict, it has to be postponed. This ended in the official stipulation of the 1974 Marriage Law, but with minor changes, especially regarding the determination of the age of marriage, which finally had to be lowered through Article 7 paragraph (1). The state stipulates that marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 16 years.[9]

The provisions in fiqh explain that the age of marriage is different from the provisions of the legislation in Indonesia, which stipulates the age of marriage in the same marriage law as 19 years, based on the decision of the Constitutional Court.[10] In view of the rules governing the age of marriage in the Law of the Republic of Indonesia Number 1 of 1974, as well as the Compilation of Islamic Law, the regulations in the legislation need to be obeyed by all levels of Indonesian citizens.

Along with its development, in 1991, the regulation on the age of marriage in the 1974 Marriage Law was again clarified and strengthened by the emergence of the Islamic Law Compilation.[11] With the same editorial, through Article 15 paragraph (1) and (2) Complications of Islamic Law, the state stipulates that a Muslim who wants to marry must be at least 19 years old for men and 16 years old for women. If you do not meet this age requirement, in accordance with Article 7, paragraph (2) of the Marriage Law, the prospective bride and groom can request a dispensation from the religious court.[12] The debate about the age limit of children where a person is considered an adult in the context of marriage is related to readiness and maturity, not only physically, but also psychologically, economically, socially, mentally, religiously, and culturally. This is because marriage at an early age often poses various risks, both biological risks, such as damage to reproductive organs, as well as psychological risks. The ambiguity in determining the limits of normative adulthood occurs because there are different legal perspectives on the problems that develop in society at all social levels.[13]

The issuance of Law No. 16 of 2019 on the amendment of Law No. 1 of 1974 concerning marriage has provided great benefits, where initially 16 years for women and 19 years for men have changed to 19 years for men and 19 years for women.[14] This should be appreciated because the struggle to revise Law Number 1 of 1974 has been approved by the Constitutional Court. Thus, the age provisions set by the Constitutional Court of 19 years for men are considered to have reached maturity in their attitude, capable of acting, maintaining, and being responsible for their actions. Meanwhile, a 19-year-old woman is considered to be an adult and able to run a household.

The revision of Article 7 regarding the age limit for marriage in the Marriage Law has become a serious focus on at least four things. First, to prevent early marriage, which has a further impact on the occurrence of pregnant women and childbirth at a young age, which poses a high risk to the health of pregnant women and childbirth; as well as early marriage in the context of psychological mental readiness of married couples who are feared to be at high risk of divorce rates. Second, to protect the rights and interests of children, given that, according to Law no. 23 of 2002, as the implementation in the Convention on the Rights of the Child, it is stipulated that what is meant by children is up to the age of 18 years. Third, considering the sociological readiness of the couples to become an autonomous family in the midst of society. Fourth, paying attention to economic readiness in relation to the complexity of household needs today, which increasingly require careful planning.[15]

In formal juridical terms, the age limit for marriage in Indonesia is regulated in the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law.[16] In the law there is an article that determines the age limit of a man and a woman who will carry out a marriage, which is contained in Article 7 Paragraph 1 which states that marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 19 years old. Avoiding the unequal age limit of men and women in marriage, giving encouragement and role models regarding the revision of the Marriage Law, the first step in realizing to carry out togetherness in order to protect the rights of children in Indonesia.[17] This method prioritizes togetherness and closeness to children, so that making decisions regarding children’s rights is the responsibility of the parties involved. From that, reforming the age of marriage in the marriage law is the basis for upholding justice in the existing law in Indonesia.

Thus, to reform the limitation on the age of marriage, there is something that needs to be considered, namely, the existence of equality at the age of adults in the Law of the Republic of Indonesia. Adult age, if still based on the Law of the Republic of Indonesia Number 23 of 2002 concerning protecting children, is eighteen years old, Therefore, the minimum age limit of 16 years for women and 19 years for men to get married, as stated in the Marriage Law and the Compilation of Islamic Law, was changed to 19 years for women and 21 for men. The principle of prioritizing the best interests of children in every decision-making concerning children is the obligation of all parties.[18] Therefore, reconstructing the age of marriage in the marriage law is a concrete step as an effort towards Indonesian law enforcement, support and demands for the revision of the marriage law is a manifestation of the joint efforts of the citizens of this nation to save the future of Indonesian children, because children are only entrusted and a gift from God. The chronological explanation of the age of marriage problem above indicates that the age of marriage is a complex problem. This issue is not only a concern of the state, but also a separate concern for activists, academics, and institutions.

Discussion

The Essence of Marriage

The term marriage in the Marriage Law Number 1 of 1974, Article 1, paragraph 2, marriage is defined as an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family, household based on the One Godhead.[19] Meanwhile, according to the Compilation of Islamic Law, as contained in article 2, it is stated that marriage in Islamic law is marriage, namely a very strong contract or miṡāqan galīẓan to obey Allah’s commands and carry it out is worship.[20] Meanwhile, according to Anwar Hafidzi and Mohd Hatta Mohd Hani, it means that the word marriage is a translation of the words nakaha and zawaja.[21] These two words are terms in the Qur’an to refer to marriage.

In the context of human creation, Allah SWT created His creatures in pairs based on the sunnatullah. In this regard, Marcia Inhorn views marriage as making a person have a partner.[22] The word of God in the letter al-Żāriāt, verse 49 reads:

“And we created everything in pairs so that you may remember the greatness of Allah”.

This is confirmed by Allah in the Qur’an Surah al-Nisa’ verse 1, which reads:

“O mankind, fear your Lord who created you from a single person, and from him Allah created his wife; and from both of them Allah has produced many males and females. and fear Allah who by (using) His name you ask one another, and (maintain) friendly relations. Verily, Allah is always watching over you”.

Scholars define marriage in different syar’i terms. Beni Ahmad Syaebani quoted the opinion of Slamet Abidin and Aminudin, detailing several meanings of marriage according to several scholars, namely:[23]

1. Hanafi scholars define marriage or marriage as a contract that is useful for having mut’ah on purpose. This means that a man can control a woman with all his limbs to get pleasure and satisfaction.


2. Syafi’iyah scholars say that marriage is a contract using the pronunciation of nikāh or zauj, which has the meaning of possessing. This means that with marriage, a person can get pleasure from his partner.


3. Malikiyah scholars say that marriage is a contract that contains mut’ah to achieve satisfaction by not requiring a price.


4. Hanabilah scholars say that marriage is a contract by using inkāh and tazwīj pronunciation to get satisfaction. That is, a man can get satisfaction from a woman and vice versa. In this sense, there are words belonging to the meaning of the right to own through a marriage contract. Therefore, husband and wife can take advantage of each other to achieve life in their household, which aims to form a sakinah mawaddah wa rahmah family in the world.

However, the Hanafi, Malikiyah, Syafi’iyah, and Hanabilah scholars have different opinions in giving the connotation (emphasis) on the ownership issue caused by the existence of the contract. For Hanafiyah scholars, the marriage contract has the consequence that the husband has the right to have pleasure (milk al-mut’ah) from his wife. For the Syafi’iyah scholars, the contract results in the husband having the opportunity to do waṭi’ (intercourse) with his wife, while according to Malikiyah, the contract results in ownership for the husband to get delicacy from his wife. Meanwhile, Hanabilah scholars emphasize the take and give aspect of the benefits of the marriage contract for husband and wife.[24]

In terms of the practice of worship, marriage is a sunnah practice that is firmly prescribed by the Qur’an and the Prophet Muhammad, in line with sexual character and in accordance with a lawful and clean channel to obtain offspring who can maintain self-respect, joy of heart. , and inner peace. This small understanding refers to several provisions of fiqh and positive law in the form of the age of the bride and groom at marriage, namely, the child who is not yet mature and is not psychologically ready to carry out household responsibilities.[25] Because the provisions of fiqh are qualitative. In addition, marriage is the path chosen by God for His creatures, especially humans, to reproduce and preserve their lives. In this regard, Allah SWT created humans not only in their perfect physical form but also equipped with software in the form of natural basic sexual instincts, the need for a partner, and feelings of affection for the opposite sex.[26] Therefore, Allah also provides it with suggestions, commands, and prohibitions so that humans can manage the software in the form of marriage.

The Urgency of Marriage Age in the Islam Perspective of Imam Madhhab

Islamic law does not regulate the minimum age limit for marriage. The absence of religious provisions regarding the minimum and maximum age limits for marriage is assumed to provide leeway for humans to regulate it.[27] The Qur’an indicates that the person who is going to get married must be ready and able. The word of God in QS. al-Nūr: 32:

“And marry those who are alone among you, and those who are worthy of marriage from your male slaves and your female slaves. If they are poor, Allah will enable them with His bounty. And Allah is Extensive (His gift) and All-Knowing”.

Furthermore, the Messenger of Allah, in his words, advised young people to carry out marriages on the condition that they had the ability.

“It was narrated from Alqamah r.a that he said: I once walked in Mina with Abdullah r.a, we met Usman r.a, who then approached Abdullah. After talking for a while, Usman asked: “O Abu Abdurrahman, will I set you up with a young woman? Hopefully it will be able to remind you of your good old days”. Hearing the offer, Abdullah replied: What you say is in line with what the Messenger of Allah said to us: “O youth! Whoever among you has the physical and mental ability to marry, let him marry. Indeed, marriage can keep the eye and maintain honor. So whoever is not capable, let him fast because fasting can keep lust. (H.R Bukhari dan Muslim).[28]

Indirectly, the Qur’an and Hadith acknowledge that maturity is very important in marriage. Adult age in fiqh is determined by physical signs, namely signs of puberty in general, among others, the perfect age of 15 (fifteen) years for men, Ihtilām for men, and menstruation for women is at least 9 (nine) years old.[29] With the fulfillment of the criteria for puberty, it is possible for someone to get married. So a person’s maturity in Islam is often identified with baligh. If there is an abnormality or delay in physical or biological development, so that at the usual age a person has issued semen for men or issued menstrual blood for women but the person has not yet issued the signs of maturity, then start the return period based on the age that a person usually shows signs of puberty. The start of the age of puberty between one person and another is influenced by differences in the environment, geography, and so on.[30]

The size of maturity as measured by the criteria for puberty is not rigid. That is, if it is casuistically very urgent, the two prospective brides must be immediately married, as a manifestation of the sadd al-zārī’ah method to avoid the possibility of greater harm. Scholars have different opinions on setting age limits for people who are considered adults. Syafi’iyah and Hanabilah scholars state that boys and girls are considered mature when they reach the age of 15 years.[31] Hanafiyah scholars stipulate that the age of a person is considered baligh as follows: boys are considered balig when they are 18 years old, and 17 years old for girls. Meanwhile, scholars from the Imamiyyah group state that boys are considered mature when they are 15 years old, and 9 years for girls. For girls who are 9 years old, there are two opinions. First, Imam Malik, Imam Shafi’i, and Imam Abu Hanifah said that a girl who is 9 years old is the same as an 8-year-old child, so that she is considered not yet mature. Second, a child is considered to have reached puberty or an adult because it has been possible to menstruate, so that it is permissible to marry even though there is no agency for him as an adult woman has.[32]

Considering that marriage is a very strong contract or agreement (mīṡaqan galīẓan), which requires everyone who is bound in it to fulfill their respective rights and obligations with full justice, harmony, and balance. Marriage as a form of legal imposition is not enough just to require balig (age enough). The legal imposition (taklīf) is based on reason (aqil and mumayyiz), balig (age enough), and understanding.[33] This means that a person can only be burdened by law if he is reasonable and can understand well the taklif addressed to him. Regarding the principle of maturity in marriage, scholars tend not to discuss the age limit for marriage in detail, but rather to discuss the law of marrying young children. Marriage of young children in fiqh is called agīr or agīrah marriage or zawāj al mubakkir.[34] agīr or agīrah means small. However, what is meant by “agīr” or “agirah” are men and women who are not yet mature. Underage marriage cannot be separated from the right of ijbār, namely the right of the guardian (father or grandfather) to marry off his daughter without having to obtain prior approval or permission from the girl to be married, as long as she is not a widow.[35]

A father can marry off his young and virgin daughter as long as she is not yet mature without his permission, and there are no khiyar rights for the daughter if she has reached puberty. On the other hand, fathers are not allowed to marry off their young sons. However, a daughter can not immediately be fertilized by her husband if she is still too young, so that she is mature enough to have a relationship like husband and wife.

Scholars who allow guardians to marry off their underage daughters are generally based on the history that Abu Bakr ra. Marry Siti ‘Aisyah ra. with the Messenger of Allah.

“Have told me Yahya bin Yahya, Ishaq bin Ibrahim, Abu Bakr, and Abu Kuraib. Yahya and Ishaq have said: Have told us and said al Akhrani: Has told me Abu Mu’awiyah from al A’masyi from al Aswad from ‘Aisha ra. said: Rasulullah SAW married me when I was 6 years old, and lived with me when I was 9 years old, and he died when I was 18 years old. (HR. Muslim).^[36]

Abu Bakr ra. had married ‘Aisyah to the Messenger of Allah when she was a child without her prior consent. Because at that age, his agreement cannot be considered perfect. However, regarding the marriage of ‘Aisyah ra. With the Prophet Muhammad, some scholars are of the opinion that this is an exception or specialty for the Messenger of Allah himself, as the Messenger of Allah was allowed to have more than four wives, which his followers were not allowed to follow. Another opinion states that the marriage of the Prophet with ‘Aisyah is more motivated by da’wah. However, the right of a father or grandfather’s ijbār cannot be exercised at will.

Ulama’ Syafi’iyah said that to be able to marry underage boys, it was necessary to have benefit (good interests). As for girls, several conditions are needed, including:[37]

1. There is no real enmity between the daughter and her guardian, her father, or her grandfather.


2. There is no real enmity (hatred) between her and her future husband.


3. The prospective husband must be kufu (appropriate or equivalent).


4. The prospective husband can give a proper dowry.

According to Ibn Shubrumah, he has a different view from the view of the majority of scholars above. Ibn Shubrumah is of the view that it is not recommended for boys or girls to be married. They can only be married after reaching the age of puberty and through the explicit consent of the interested parties.[38] The word of Allah SWT explains about age in QS. Al-Nisā’: 6:

“And test the orphans until they are old enough to marry. Then, if in your opinion they are intelligent (good at maintaining wealth), then hand over to them their wealth”.

Underage marriage is not recommended, considering that they are not considered to have the ability to manage property (Rusyd). Besides, they don’t need marriage either. They fear that they will not be able to fulfill the obligations that must be carried out in life as husband and wife, especially in managing household finances. As for the little girl who is widowed (either because her husband died or divorced), then her guardian is not allowed to marry her back, as well as for someone else (guardian other than the father) allowed to marry her until she is mature.^[39] So, a young child who is a widow has the same position as an adult widow, that is, he gives permission when he is about to be married.

“Has told us Qutaibah bin Sa’id: Has told us Sufyan from Ziyad bin Sa’ad from Abdillah ibn Al Fadhli: Have heard Nafi’ bin Jabir with news from Ibn ‘Abbas ra. that the Prophet SAW said: A widow has more rights over herself than her guardian and a virgin must be with her permission and her permission is her silence”. (HR. Muslim).[40]

The Indonesian Ulema Council gave a fatwa that the age of marriage eligibility is the age of ability to act and receive rights (ahliyat al adā’ and expertyyat al wujūb).^[41] Ahliyyat al adā’ is the nature of a person’s legal ability to act, who has been considered perfect to be responsible for all his actions, both positive and negative. While ahliyyat al wujūb is the nature of a person’s ability to accept the rights that are his rights, and is not yet capable of being burdened with all obligations. The scholars of the madhhab agree that menstruation and pregnancy are evidence of a woman’s puberty, pregnancy that occurs due to fertilization of the ovum by sperm, while menstruation has the same position as releasing semen for men.[42] The opinion of Imam Maliki, Imam Shafi’i, Imam Hambali, and Imamiyah is that the growth of armpit hair is proof of a person’s maturity. Meanwhile, Imam Hanafi rejects this opinion because armpit hair is no different from the hair that grows on other body parts.

Balig has the meaning until or clearly. Namely, children who have reached a certain age where it becomes clear to them all the affairs or problems they face. His mind has been able to consider or clarify what is good and what is bad. The puberty period is the adult period of everyone’s life. Signs of maturity, when a man has released semen and when he has released menstrual blood or has become pregnant for a woman.[43] The start of the legal age of puberty can vary from one person to another, due to differences in environment, geography, and so on. The legal limit for puberty is when a person is 12 years old for a boy and 9 years old for a girl.

While the final limit among the scholars, there are differences of opinion. According to Imam Abu Hanifa, after a person reaches the age of 18 years for men and the age of 17 years for women.[44] From the above view, Abu Hanifah’s thoughts are included in the maximum in determining a person’s age. So that view is the basis for the regulation of the Marriage Law in the State of Indonesia. For more details, we can see the minimum age limit for marriage in various Islamic countries as a result of the study of the fuqaha, as shown in the following table:^[45]

Table 1.

Comparison of Marriage Age in Different Countries

This problem is real because the case of marriage, in addition to entering into the sunna of worship called “ubudiyah”, and is a worship between humans called “mu’amalah” which, in Islamic teachings, is formed in global regulations. With this in mind, the baliq category to be able to hold a marriage must be able to interpret the term ijtihadiyah meaning, because it must carry out thoughts related to the problem of limiting the age of marriage, adjusting the circumstances of the place and time of the regulations so that they can be implemented.

The perspectives of the jurists are different regarding the limitation of the age of marriage, due to the textual pradikma of the texts, both the Qur’an and hadith, as well as knowledge in contextuality based on the perspective of tradition, cultural perspective, social situation perspective, and physical perspective. The jurists of fiqh experts provide what requirements if a person wants to get married, he is already baliq. The characteristics of baliqh that are used are seen in body growth, namely, menstruation has occurred for women and men have wet dreams. However, the jurists have set limits in terms of age. But it can be remembered, both parents have an obligation to marry off their children who are not yet mature. The appropriate age provisions applied to the Marriage Age Maturation plan are a good input in realizing Maqasid Syariah to foster households.[46] The application of this can regulate the relationship between male and female partners; in keeping offspring, creating a sakinah, mawaddah, warahmah family; keep the lineage, maintain diversity in the family; set a good relationship model in the family, and regulate the economic aspect in the family.

According to Ibn Kathir, the age for marriage has arrived, not based on a mature age, but on the maturity of the mind. Rasyid Ridho stated in Bulug al-Nikah that the arrival of a person to the age of marriage is to have a wet dream for men and menstruation for women. At that age, one can conceive an embryo and create a child to carry on the offspring, allowing one’s soul to immediately get married. At that age, every individual has had the burden of the regulations recorded in Islamic religious law that have been determined, both charity, worship and muamalah, and other worship. Interpreting the word “rusyd” means the feasibility of a person in carrying out tas’arruf so that he can take benefits and avoid those that are detrimental. This is a sign of the perfection of his mind.^[47]

Rashid Ridho agrees with Ibn Katsier’s opinion on the implementation of “rusyd”. This explains that until someone has reached the age of marriage, see the development of the body, which is already menstruating for women and wet dreams for men. According to Buya Hamka, the word Bulug al-Marriage is defined as having reached puberty. Baliqh, or maturity of one’s mind, is not focused on the age of each individual, but focuses on intelligence (intelligent) or mature thinking.[48] It is also mentioned that someone whose age is not mature allows him to be intelligent, and some people have reached the age of puberty, sometimes his thoughts are not necessarily mature.

Buya Hamka’s opinion, which prefers to take the middle path, stated that the age limit is very relative, because each child is certainly not the same. In this case, the intelligence of the mind becomes the main focus, so that the time is ready for marriage. From various perspectives, according to the study, Ibn Kathir’s opinion emphasizes natural maturity and has reached baliqh. According to Rasyid Ridho and Buya Hamka, it focuses on the maturity of the mind, which looks at the behavior and nature in the life of each individual.[49]

Looking at the efforts above, it explains that there have been differences in views between classical scholars and contemporary scholars in answering the question of whether or not someone is allowed to get married. The essential purpose of marriage is that it can meet most of the physical and spiritual needs and pass them to the offspring. Therefore, some things do not yet exist for a child who is not in a state of puberty. He focused his goal on marriage. In this case, Ibn Syubrumah tried to escape from the textual confines. To understand this problem, it is seen from a historical, social, and cultural review that exists in the community. In understanding the marriage of the Prophet Muhammad SAW with Aisyah r.a (who at that time Aisyah was only six years old), Ibn Syubromah’s explanation said that there was a special rule for Nabiyullah Muhammad SAW that all Muslims should not follow in the teachings of Islam.[50]

According to the author of a statement from contemporary jurists, it is better to look at so that the requirements for marriage are not seen in the form of adult body development (baliqh), can also be seen in the perfection of thought and spirituality (rusyd), in paying attention to the problem of limiting the age of marriage from various perspectives. With this, marriage does not require mental readiness (biological), but psychological readiness (physical), social readiness, religious readiness, and even readiness in spiritual intelligence. Changes that occur at the age of marriage adjust from the set of all principles, thus enabling a person to be ready to live in a household that is in accordance with Islamic advice. Thus, from actions based on Islamic law, it is very contrary to the laws and regulations in Indonesia, so in the view of Islam, actions like this can be used as a form of action against national law. From that, it is clear that the studies from previous fiqh books or books were in harmony and appropriate at that time, while at this time, further in-depth discussion is needed to review the issue of legal content in legislation to realize the framework for achieving what is meant by Islamic law reform, especially at this time in the era of globalization of human civilization, which is increasingly advanced.

Existence Analysis of Law Number 16 of 2019 on Age Of Marriage in Family Law Perspective

According to Law Number 1 of 1974, it is explained that the meaning of marriage is an inner and outer bond between a man and a woman as husband and wife, to form a happy and eternal family based on God Almighty. If it is associated with child marriage that is not psychologically mature, then this can trigger disharmony and so on. If it is associated with child marriage, which is not psychologically mature, then this can trigger disharmony. The rules are explained in Law Number 16 of 2019 regarding the amendment to Law Number 1 of 1974 concerning marriage. Article 7, paragraph (1) of the Law states that marriage can only be carried out if the male party reaches the age of 19 years and the female party has reached the age of 19 years. The provisions on the age limit are based on the benefit of the prospective bride and groom’s household. With this age limit, it is hoped that the maturity of the two prospective brides can be achieved in running their household. Maturity in question is the maturity of the age of marriage, maturity in thinking, and acting, so that the purpose of marriage, as mentioned above, can be carried out properly.

If examined further, the provisions regarding the age limit for marriage in the article appear to be more concerned with physical and biological readiness. This has not led to considering the psychological readiness of the two prospective brides. According to researchers, the age set by law, namely 19 years for boys and 19 years for girls, is still classified as a juvenile stage, where a person at this time is still in the process of growing in reaching maturity. The process of developing maturity in question includes mental, emotional, social, and physical maturity. Psychologically, adolescence is a time when children feel they are on the same level as older people. Does not include children, and also does not include adulthood. Therefore, adolescence is often called a period of self-discovery.

In relation to building a happy family, the age limit regulation in the law makes it impossible to be able to consult and decide matters wisely between them, and the lack of support for their partners, due to their weak way of thinking. The purpose of marriage is to create happiness in the family. It can be achieved when the marriage is carried out by a couple who are in adulthood, which is 21 years old. The ability to master and control emotions, able to express emotions in more acceptable ways, can be achieved when someone is 21 years old, when someone enters adulthood. Although there are still emotional tensions at this time, which are related to the problems they experience, such as issues of position, marriage, finances, and so on, someone who has reached that age is more able to control his emotions. When an adult takes action, he not only relies on the impulse of lust, but also involves his mind. Channeling emotions by involving reason and common sense is a characteristic of adult behavior.

In Islamic law itself, the age limit for a person who gets married is not clearly and unequivocally defined in the Qur’an and Hadith. Both of them only provide signs, conditions, and guesses about how a person is considered worthy to carry out a marriage. Muslims are given the freedom to set a minimum age limit for marriage, so that the minimum age limit for marriage is handed over to the perpetrators without violating the conditions that have been determined, and also adjusted to the social conditions in which the law is enforced. In another view, Islamic law, which regulates family affairs in particular, has been modified to be in the amendment of Law Number 16 of 2019 concerning marriage limits, which is the result of the collection and selection of various expert opinions in the field of fiqh. Of course, all the rules contained in it have reflected human values, respecting the rights of women, evenly distributed nuances of grace and wisdom, and are able to realize the benefit of all mankind.

Maqāsid Syar’ah itself, which is the goal of Islamic law, has five main objectives (maintaining religion, soul, lineage, property, and reason). Everything that supports the achievement of the five main goals, he supports it and everything contrary to one of the five goals, he prevents. In marriage, the protection of offspring is one of the elements maintained by the Shari’ah to maintain and protect offspring in the world, which is to be realized from the Marriage Law. In accordance with the objectives of Islamic law, namely taking benefit and avoiding harm (jalbu al-maṣāliḥwa dar’u al-mafāsid). Therefore, marriages that are carried out at a young age need to be avoided to physically save the mother and baby from unwanted things. According to al-Ṣatiby, the shari’a stipulated as in the Marriage Law, especially in Article 7 regarding the age limit for marriage, must be able to realize the benefit of the servant (maṣāliḥal-’ibād), both in this world and in the hereafter. This benefit, in al-Ṣatibi’s view, becomes Maqāsid Syar’ah. In other words, the determination of the rule of law, both in its entirety and in detail, is based on a motive for establishing the law, namely, realizing the benefit of the servant.

Mental readiness is necessary in dealing with various problems that will be experienced by married couples in their household journeys. The ability to deal with various problems that will arise in the household will be difficult when both are still in the category of teenagers aged 19 years. Therefore, adulthood is a requirement for everyone who will carry out marriage to maintain his mental readiness, and adulthood only occurs when a person is 21 years old. What is expected when the marriage occurs in adulthood, the husband and wife have been able to take responsibility, create good relationships, form a balanced relationship between the two (mu’āsyarah bi al-ma’rūf), and think with common sense. Intellect is an important part of the purpose of the Shari’ah that must be protected from its damage. Preventive efforts that are carried out by Islamic law are actually aimed at increasing the ability of the mind and guarding it from various things that harm it.

The age of marriage in Islam is very concerned with the maturity between the two prospective husbands and wives. This has resulted in a prohibition against underage marriages as agreed in the legislation. This prohibition also cannot be solved by the existence of a dispensation, because the dispensation is only a case that cannot be comprehensive on the permissibility of underage marriage. Although there is a minimum age limit for marriage, in this case, it appears that Law No. 16 of 2019 on amendments to Law No. 1 of 1974 concerning marriage in Article 7 paragraph (1) has equated the age of marriage. On the one hand, it emphasizes that to get married, someone who has not reached the age of 19 years must obtain parental permission, while on the other hand, it is stated that marriage is only permitted if the man has reached the age of 19 years and the woman has reached 19 years. The difference is that if you are less than 19 years old, parental permission is required, and if you are less than 19 years old for men and 19 years old for women, you must get permission from the court. This is also reinforced in the Compilation of Islamic Law.

The different age limits of maturity in the Complications of Islamic Law that should be today should not occur. First, in the Complications of Islamic Law Article 98 Paragraph (l) related to child care, which reads: “The age limit for a child who can stand alone or as an adult is 21 years, as long as the child is not physically or mentally disabled or has never been married”. While the rules of maturity in Law no. 1 of 1974 there are also have differences. For example, the first Article 6 Paragraph (2) reads: To carry out a marriage, a person who has not reached the age of 21 (twenty-one) years must obtain the permission of both parents.

From the explanation of the maturity rules from both the KHI and Law Number 16 of 2019, it can be concluded that the Complications of Islamic Law are more likely to identify maturity at the age of 21 years, while Law Number 16 of 2019 is more likely to determine maturity at the age of 19 years. However, strangely, the two regulations both set a marriage age limit of 19 years for men and 19 years for women. At the age of 19, if you look at the rules of maturity in the Compilation of Islamic Law is not considered an adult and can be said to be a minor. Meanwhile, when viewed from the maturity rules of Law Number 16 of 2019, the age of men and women can be said to be adults. This later became the point of critical analysis of researchers related to the marriage age of Indonesian Muslims.

The researcher concludes that if the age limit for marriage in Indonesia remains at 19 years for men and 19 years for women, while the maturity review in the Complications of Islamic Law is stated to be 2l years and in Law Number 16 of 2019 it is stated 19 years, then this is need to be discussed again. When the age of men is set at 21 years, it means referring to the maturity provisions set by the Complications of Islamic Law, while when the age of women is set at 19 years, it means referring to the maturity provisions referred to by Law Number 16 of 2019. Thus, the rules of maturity in this matter of marriage will be more compact and sustainable. Thus, for the benefit of the household to be built, researchers believe that 21 years is the appropriate age for those who are getting married. Not at the age of 19, who are still classified as teenagers who need more learning in all aspects of their lives. Someone who reaches the age of 21 years is considered to have reached maturity in his attitude, capable of acting, and responsible for what he decide. Maturity in question is the maturity of the age of marriage, maturity in thinking, and acting, so that the purpose of marriage, as described in the law, is to form a harmonious and eternal household life can be carried out properly.

The purpose of Allah in enjoining His law is to maintain the benefit of humans both in this world and in the hereafter. To realize the benefit, based on the research of ushul fiqh experts, 5 main elements must be maintained and realized, the five points are:[51]

1. Maintaining Religion (hiẓh al-dīn)

Maintaining religion based on its importance can be divided into three levels:

1. Maintaining religion at the dharuriyah level, namely maintaining and carrying out religious obligations that are included in the primary level, such as performing the five daily prayers. If the prayer is ignored, then the existence of religion will be threatened.


2. Maintaining religion at the Hajiyah level involves carrying out religious provisions to avoid difficulties, such as congregational and qasar prayers for people who are traveling. If this provision is not implemented, then it does not threaten the existence of religion, but we only make it difficult for people who do it.


3. Maintaining religion at the tahsiniyah level, namely following religious instructions to uphold human dignity, while at the same time completing the implementation of obligations to God, for example, cleaning the body, clothes, and place.


4. Nurturing the soul (hifẓ an-nafs)

Nurturing the soul based on the level of importance is divided into three levels:

1. Nurturing the soul at the dharuriyah level, such as meeting basic needs in the form of food to sustain life.


2. Maintaining the soul at the hajiyat level, such as the permissibility of hunting animals to enjoy delicious and halal food, if this is ignored, then it does not threaten the existence of human life, but only makes life difficult.


3. Maintaining the soul at the level of tahsiniyat as stipulated in the procedures for eating and drinking.


4. Nurturing reason (hifẓ al-`aql)

Maintaining reason in terms of importance is divided into 3 levels:

1. Maintaining reason at the dharuriyah level is like drinking alcohol because it threatens the existence of reason.


2. Maintaining reason at the level of hajiyat, as it is recommended to seek knowledge.


3. Maintaining the mind at the level of tahsiniyat is like avoiding imagining and listening to things that are not useful.


4. Nurturing offspring (hifẓ an-nasb)

Caring for offspring in terms of the level of need is divided into three:

1. Nurturing offspring at the dharuriyah level, as it is prescribed for marriage and forbidden to commit adultery.


2. Maintaining descendants at the hajiyat level, as stipulated in the provisions of mentioning the dowry at the time of the marriage contract.


3. Maintaining offspring at the level of tahsiniyat, such as khitbah and walimah in marriage.


4. Maintaining property (hifz al-mal)

Maintaining treasure can be divided into 3 levels:

1. Maintaining property at the Dharuriyah level, such as the Shari’a regarding the procedures for property ownership and the prohibition of taking people’s property illegally.


2. Maintaining property at the hajiyat level, such as the Shari’a on buying and selling regarding the sale and purchase of goods.


3. Maintain property at the level of tahsiniyat, such as the provisions to avoid deception or fraud.

The maqāṣid syarīah above is a very clear picture of how to determine the ideal age limit for marriage. The ideal age limit is when marriage is carried out at that age, it is most likely that the Maqāṣid syarīah and the objectives of implementing Islamic marriage law will be realized. On the other hand, the age that is not ideal for marriage is when the marriage takes place, where it is likely that the goals of marriage will not be achieved, even if they are achieved, they will not reach their maximum limit. This is the principle of the ideal age limit for marriage.

If you look at the Islamic law that was in effect at the time of the Prophet, the issue of age for marriage is not urgent, because the Prophet is a human being who is ma’um (awakened from sin) while the companions as explained by the Prophet, are like the stars if we follow in his footsteps, then we will get clear instructions. Therefore, regardless of the age of marriage for men and women, it is not an important issue to realize the objectives of Shariah law enforcement of Islamic marriage. While the rules that apply in Law Number 16 of 2019, article 7 paragraph (1) concerning marriage, that the minimum age for marriage for women is 19 years and 19 years for men, this is also based on the needs of the Indonesian people, and as a middle ground. from an age limit that is too low and an age limit that is too high. But the question is, is the actual age limit for marriage ideal for realizing the goal of legalizing marriage? Although Islamic law and positive law are declared valid, they have not been said to be ideal because they are considered unable to fully realize the goals of Sharia.

The ideal marriage age is a marriage that is carried out by a man who is at least 25 years old and a woman at least 20 years old. The ideal age limit is considered to be ready and mature from the medical, psychological, social, and, of course, religious aspects, so that it can create a family in accordance with the Maqāṣid syarīah marriage law. This age limit is considered to be ready both in terms of health and emotional development to face a just family life. Thus, justice in determining the age of marriage can be interpreted as goodness, virtue, and truth, which is a moral obligation that binds members of society with one another. Justice as a value is a goal that is mutually agreed upon by members of the community and strives to achieve it for the sake of justice itself. Another meaning of justice is as a result or a decision obtained from the application or implementation of the law. Justice is also defined as an ideal element, namely as an ideal or an idea contained in all laws.

An understanding of the foregoing shows that in the life of society and the state, what is in the common interest will be easily achieved if society is organized according to the ideals of justice. Justice demands that all people be treated equally, so justice is a value that embodies a balance between parts of society, between personal goals and common goals. This shows that one form of universal legal ideals is the demand for justice. The question of how to determine whether the law is fair or not. It does not depend on or is not measured by the objective criteria of justice, but is measured by what society considers fair. To understand the law that reflects the community’s sense of justice, one must first understand the true meaning of the law. According to the view held in the legal science literature, the meaning of the law is to realize justice in human life. This meaning will be achieved by the inclusion of the principles of justice in the regulation of living together.

The regulation of people’s rights and freedoms using the criteria of justice shows that in humans, there is a feeling of justice that brings people to an assessment of the factors that play a role in the formation of law. This realization of the feeling of justice is not only owned by citizens but also by the authorities. Therefore, by building on the principles of justice, justice can be referred to as legal principles or legal ideas. Every community must get its rights proportionally to achieve social justice for the community. In terms of age determination, people have the right to get the justice they aspire to, because justice belongs to a person from the beginning and must return to him in the justice process, starting from physical and moral interests, relationships, and the quality of various things, both familial and social. economic, physical, and intellectual work, to things that were not previously owned or owned but were later obtained through legal means.

However, because this age limit is not included in the legal requirements for a marriage, it is certainly not easy to disseminate this provision quickly and have it accepted by all parties. However, of course, this provision cannot be enforced absolutely; therefore, the existence of dispensation for those who wish to marry under the provisions of the minimum age limit that has been determined seems to still be able to be accommodated. However, of course, the government must provide clear limits on the reasons that can be used for prospective brides who are not old enough to hold a marriage, so that the legal certainty of a law can be ensured. It can be concluded, what needs to be considered is the issue of benefit, and its impact is very relevant in the public’s attention. This state of the Republic of Indonesia transforms the formation of legislation in order to make citizens aware of the law. Throwing away justice to pursue togetherness does not take risks and deliberately avoids evil so that it is lighter, even though it is threatened by even more serious harm, should be considered carefully.

Avoiding inequality in the age limits of men and women in marriage, providing encouragement and role models regarding the revision of the Marriage Law, the first step in realizing togetherness to protect rights before children in Indonesia. This method prioritizes togetherness and closeness to children, so that making decisions regarding children’s rights is the responsibility of the parties involved. From that, reforming the age of marriage in the marriage law is the basis for upholding justice in the existing law in Indonesia.

Conclusion

The concept of the age limit for marriage in national law is stated in the Law of the Republic of Indonesia Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage, from actions based on Islamic law, very contrary to the laws and regulations in Indonesia. From an Islamic point of view, actions like this can be used as a form of action against national law. From that, it explains that studies from previous fiqh books or books are in harmony and appropriate at that time, while at this time more in-depth discussion is needed to review the issue of the content of the law in the legislation to realize the framework for achieving what is meant by Islamic law reform, especially at this time in the era of globalization of human civilization which is increasingly advanced.

It needs to be reviewed, whether it has been effective or not yet applied to the community in marriage and how the community responds to the Marriage Law, The determination is very firm in determining what is stated in the Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage, consideration of maslahah and harm is relative. The condition of the Republic of Indonesia requires stricter regulations. Creating justice for the common good so that it can create legal awareness in the Indonesian people in direct marriage regarding the provisions of adult age and marriage age for children.

The issue of the minimum age limit for marriage is an area of ijtihadiyah, so it is always open to changes when conditions, society, time, and place have demanded such changes. In this regard, the author offers to reconstruct this provision to 19 years for women and 21 years for men. This is based on consideration of aspects of biological, psychological, and socio-cultural maturity. As for men, at the age of 21 years, they have fulfilled the requirements to assume responsibility and are able (rusyd) to become family leaders.

Bibliography:

1. Afrianty, D. (2020). Rising public piety and the status of women in Indonesia two decades after reformasi. TRaNS: Trans-Regional and National Studies of Southeast Asia 8, No. 1. Available at: <https://doi.org/10.1017/trn.2019.14>;


2. Saebani, B.A. (2021). Marriage in Islamic Law and Law. Jakarta: Pustaka Setia;


3. al-Asqalāniy, A. Fath al-Bāry bi Syarh Shahīh al-Bukhāry juz IX. Beirūt: Dār al-Ma’rifah, t, th;


4. Analiansyah, A. (2017). The Development of Legal Subjects in Islam and Its Influence on the Development of Fiqh: A Study of Islamic Legislation in Indonesia. Aricis Proceedings. Available at: <http://dx.doi.org/10.22373/aricis.v1i0.948>;


5. Baugh, C.G. (2017). Early Ḥanafī Thought. Minor Marriage in Early Islamic Law. Brill, Vol. 41;


6. Bougnères, P. (2002). Genetics of obesity and type 2 diabetes: tracking pathogenic traits during the predisease period. Diabetes 51 (suppl 3): Available at: <https://doi.org/10.2337/diabetes.51.2007.S295>;


7. Bukido, R., Wantu, F.M. (2020). Synchronize The Different Law Rules Study Of Law Number 16 Year 2019 And Law Number 35 Year 2014. Journal of Legal, Ethical and Regulatory Issues 23, No. 2. Available at: <https://www.abacademies.org/articles/synchronize-the-different-law-rules-study-of-law-number-16-year-2019-and-law-number-35-year-2014-9123.html>;


8. Cheema, S.A., Abbas, M.Z., Khan, A.U. (2018). Contribution of the Lahore High Court in The Development of Islamic Family Law in Pakistan. Journal of International Law & Islamic Law 14, No. 1. Available at: <http://dx.doi.org/10.2139/ssrn.3056579>;


9. Djamour, J. (2021). The Muslim matrimonial court in Singapore. London: Routledge. Available at: <https://doi.org/10.4324/9781003135968>;


10. Efevbera, Y., Bhabha, J. (2020). Defining and deconstructing girl child marriage and applications to global public health. BMC Public Health 20, No. 1. Available at: <https://doi.org/10.1186/s12889-020-09545-0>;


11. Epstein, C.F. (2020). Woman’s place. California: University of California Press. Available at: <https://doi.org/10.1525/9780520311947>;


12. Gesink, I.F. (2020). Intersex in Islamic medicine, law, and activism. The Routledge Handbook of Islam and Gender. Routledge. Available at: <https://www.taylorfrancis.com/chapters/edit/10.4324/9781351256568-7/intersex-islamic-medicine-law-activism-indira-falk-gesink>;


13. Hafidzi, A., Hani, M.H.M. (2020). Wahbah Zuhaili’s and Sayyid Sabiq’s Perspective on The Principles of Marriage Contract in Indonesia. Al-’Adalah 17, No. 1. Available at: <https://doi.org/10.24042/adalah.v17i1.5387>;


14. Hassan, M.H. (2017). Debating Various Forms of Civil Disobedience in Islam. Civil Disobedience in Islam. Singapore: Palgrave Macmillan. Available at: <https://doi.org/10.1007/978-981-10-3271-4_4>;


15. Helim, A. (2019). Maqāṣid Al-Sharī’Ah versus Uṣūl Al-Fiqh. Yogyakarta: Pustaka Pelajar. Available at: <http://digilib.iain-palangkaraya.ac.id/id/eprint/1714>;


16. Horii, H. (2020). Legal reasoning for legitimation of child marriage in West Java: Accommodation of local norms at Islamic courts and the paradox of child protection. Journal of Human Rights Practice 12, No. 3. Available at: <https://doi.org/10.1093/jhuman/huaa041>;


17. Duraku, Z.H., Jemini-Gashi, L., Toçi, E. (2020). Perceptions of early marriage, educational aspirations, and career goals among Kosovar adolescents. Marriage & Family Review 56, No. 6. Available at: <https://doi.org/10.1080/01494929.2020.1728006>;


18. Indonesian Ulema Council. (2009). Ijma’ Ulama (Decision on Ijtima’ Ulama of the Indonesian Fatwa Commission III of 2009). Jakarta: Majelis Ulama Indonesia;


19. Inhorn, M.C., Birenbaum-Carmeli, D., Vale, M.D., Patrizio, P. (2020). Abrahamic traditions and egg freezing: Religious Women’s experiences in local moral worlds. Social Science & Medicine 253. Available at: <https://doi.org/10.1016/j.socscimed.2020.112976>;


20. Khaidarulloh, K. (2020). Paradigm Contestation In National Legal System: A Study Of Unification Of Marital Age Regulation In Indonesia. JARES (Journal of Academic Research and Sciences) 5, No. 1. Available at: <https://doi.org/10.35457/jares.v5i1.937>;


21. Khalfaoui, M. (2020). Current Muslim Understandings of Classical Family Law in a Modern Secular Context: Germany as a Case Study. Journal of Muslim Minority Affairs 40, No. 1. Available at: <https://doi.org/10.1080/13602004.2020.1741163>;


22. Khalfaoui, M., Jones, J. (eds.). (2020). Islamic Family Law in Europe and Islamic World: Current Situation and Challenges. Germany: Carl Grossmann Verlag. Available at: <https://scholar.google.com/scholar?cluster=5287861661734806754&hl=id&as_sdt=0>;


23. Lahilote, H.S. (2020). Legal Transplant in the Substance of the Authority of Religious Courts in Indonesia. JL Pol’y & Globalization 93. Available at: <https://doi.org/10.7176/JLPG>;


24. Lei, M.K., Beach, S.R.H. (2020). Can we uncouple neighborhood disadvantage and delinquent behaviors? An experimental test of family resilience guided by the social disorganization theory of delinquent behaviors. Family process 59, No. 4. Available at: <https://doi.org/10.1111/famp.12527>;


25. Melnikas, A., Ainul, S., Ehsan, I., Haque, E., Amin, S. (2020). Child marriage practices among the Rohingya in Bangladesh. Conflict and health 14, No. 28. Available at: <https://doi.org/10.1186/s13031-020-00274-0>;


26. Murni, S. (2020). The Marriage Age Limit According to Indonesian Law No. 16, 2019 as Effort to Child Protection. In: International Conference on Law, Economics and Health (ICLEH 2020). Atlantis Press. Available at: <https://doi.org/10.2991/aebmr.k.200513.047>;


27. Muslih, I., Nurdin, Marzuki. (2020). Effectiveness of Marriage Services Through Information System Management (SIMKAH) at Palu City Religious Court. International Journal of Contemporary Islamic Law and Society 2, No. 1. Available at: <https://doi.org/10.24239/ijcils.Vol2.Iss1.12>;


28. Muslim, H.(2014). Shahih Muslim, Juz I. Bandung: Dahlan;


29. Nasution, K. (2021). The Roles of Families in Combating Drugs Uses, Violence and Terrorism. Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, No. 1. Available at: <http://dx.doi.org/10.22373/sjhk.v5i1.9512>;


30. Noor, Z., Lee, N. (2021). Dawud al-Fatani’s Thoughts on Marriage in Īḍāḥu l-Bāb li-Murīdi l-Nikāḥ bi-l-Ṣawāb. Hawwa 1 (aop). Available at: <https://doi.org/10.1163/15692086-BJA10019>;


31. O’Connell, H.A., Bratter, J.L., Casarez, R.S. (2020). One drop on the move: historical legal context, racial classification, and migration. Ethnic and Racial Studies. Available at: <https://doi.org/10.1080/01419870.2020.1761554>;


32. Perry, M.E. (2020). Gender and disorder in early modern Seville. United Kingdom: Princeton University Press;


33. Plümper, T, Neumayer, E. (2020). Human rights violations and the gender gap in asylum recognition rates. Journal of European Public Policy. Available at: <https://doi.org/10.1080/13501763.2020.1787488>;


34. Ghazaly, R. (2019). Fiqh munakahat, Jakarta: Prenada Media;


35. Rasyid, R.M. (2000). Tafsir al-Manar, Juz I. Mesir: Dar Al-Qutub;


36. Rowe, R. (2020). The reproductive microbiome: an emerging driver of sexual selection, sexual conflict, mating systems, and reproductive isolation. Trends in ecology & evolution 35, No. 3. Available at: <https://doi.org/10.1016/j.tree.2019.11.004>;


37. Savirimuthu, J. (2020). Datafication as parenthesis: reconceptualising the best interests of the child principle in data protection law. International Review of Law, Computers & Technology 34, No. 3. Available at: <https://doi.org/10.1080/13600869.2019.1590926>;


38. Sawai, R.P. (2020). Inculcating the Sense of Modesty (Al-Haya’) in Youth from the Perspectives of the Quran and Sunnah. Maʿālim al-Qurʾān wa al-Sunnah 16. No. 2. Available at: <https://doi.org/10.33102/jmqs.v16i2.230>;


39. Schenk, C.G. (2018). Islamic leaders and the legal geography of family law in Aceh, Indonesia. The Geographical Journal 184, No. 1. Available at: <https://doi.org/10.1111/geoj.12202>;


40. Sitorus, I.R., Yusmita, Y. (2020). The Age of Marriage on Interdisciplinary Islamic Law Perspectives. Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi, dan Keagamaan 7, No. 1. Available at: <http://dx.doi.org/10.29300/mzn.v7i1.3137>;


41. Sportel, I. (2020). Moroccan Family Law: Discussions and Responses from the Netherlands. Journal of Muslim Minority Affairs 40, No. 1. Available at: <https://doi.org/10.1080/13602004.2020.1741167>;


42. Suhargon, R., Anggeraini, F. (2021). The Juridical Review of Law Number 1 of Year 1974 on Marriage and the Compilation of Islamic Law Concerning Status of Different Religious Wedding Abroad. Legal Brief 10, No. 2. Available at: <http://www.legal.isha.or.id/index.php/legal/article/view/51>;


43. Sultana, S., Guimbretière, F., Sengers, P., Dell, N. (2018). Design within a patriarchal society: Opportunities and challenges in designing for rural women in Bangladesh. Proceedings of the 2018 CHI Conference on Human Factors in Computing No. 536. Available at: <https://doi.org/10.1145/3173574.3174110>;


44. Trakic, A., Tajuddin, H.H.A. (2021). Islamic Law in Malaysia: The Challenges of Implementation. Singapore: Springer Nature: Available at: <http//doi.org/10.1007/978-981-33-6187-4­_5>;


45. Ullah, N., Abd Aziz, S.N.B., Idrees, R.Q. (2021). Child Marriages: International Laws and Islamic Laws Perspective. Journal of Educational and Social Research 11, No. 3. Available at: <https://doi.org/10.36941/jesr-2021-0051>;


46. Wahyuningrum, D.R., Suhariningsih, S., Sulistyorini, R. (2021). Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019. International Journal of Multicultural and Multireligious Understanding 8, No. 7. Available at: <http://dx.doi.org/10.18415/ijmmu.v8i7.2926>;


47. Weitzer, R. (2020). The campaign against sex work in the United States: A successful moral crusade. Sexuality Research and Social Policy 17, No. 3. Available at <https://doi.org/10.1007/s13178-019-00404-1>;


48. Wiludjeng, H. (2020). Marriage Law in Religions. Jakarta: Penerbit UKI Atma Jaya;

Zulaiha, E., Mutaqin, A.Z. (2021). The Problems of The Marriage Age Changing in Indonesia in the Perspectives of Muslim Jurists and Gender Equality. Hanifiya: Jurnal Studi Agama-Agama 4, No. 2. Available at: <https://doi.org/10.15575/hanifiya.v4i2.13538>.

Footnotes

[1] Djamour, J. (2021). The Muslim matrimonial court in Singapore. London: Routledge. p. 39.

[2] Cheema, S.A., Abbas, M.Z., Khan, A.U. (2018). Contribution of the Lahore High Court in The Development of Islamic Family Law in Pakistan. Journal of International Law & Islamic Law 14, No. 1, p. 15.

[3] Sportel, I. (2020). Moroccan Family Law: Discussions and Responses from the Netherlands. Journal of Muslim Minority Affairs 40, No. 1, p. 68.

[4] Weitzer, R. (2020). The campaign against sex work in the United States: A successful moral crusade. Sexuality Research and Social Policy 17, No. 3, p. 407.

[5] Muslih, I., Nurdin, Marzuki. (2020). Effectiveness of Marriage Services Through Information System Management (SIMKAH) at Palu City Religious Court. International Journal of Contemporary Islamic Law and Society 2, No. 1, p. 25.

[6] O’Connell, H.A., Bratter, J.L., Casarez, R.S. (2020). One drop on the move: historical legal context, racial classification, and migration. Ethnic and Racial Studies, p. 10.

[7] Khalfaoui, M. (2020). Current Muslim Understandings of Classical Family Law in a Modern Secular Context: Germany as a Case Study. Journal of Muslim Minority Affairs 40, No. 1, p. 121.

[8] Khaidarulloh, K. (2020). Paradigm Contestation In National Legal System: A Study Of Unification Of Marital Age Regulation In Indonesia. JARES (Journal of Academic Research and Sciences) 5, No. 1, p. 48.

[9] Murni, S. (2020). The Marriage Age Limit According to Indonesian Law No. 16, 2019 as Effort to Child Protection. In: International Conference on Law, Economics and Health (ICLEH 2020). Atlantis Press, p. 226.

[10] Horii, H. (2020). Legal reasoning for legitimation of child marriage in West Java: Accommodation of local norms at Islamic courts and the paradox of child protection. Journal of Human Rights Practice 12, No. 3, p. 510.

[11] Schenk, C.G. (2018). Islamic leaders and the legal geography of family law in Aceh, Indonesia. The Geographical Journal 184, No. 1, p. 16.

[12] Wahyuningrum, D.R., Suhariningsih, S., Sulistyorini, R. (2021). Jurisdictional Implications Vagueness of Marriage Dispensation Norms in Law Number 16 Year 2019. International Journal of Multicultural and Multireligious Understanding 8, No. 7, p. 568.

[13] Epstein, C.F. (2020). Woman’s place. California: University of California Press, p. 86.

[14] Bukido, R., Wantu, F.M. (2020). Synchronize The Different Law Rules Study Of Law Number 16 Year 2019 And Law Number 35 Year 2014. Journal of Legal, Ethical and Regulatory Issues 23, No. 2, p. 4.

[15] Duraku, Z.H., Jemini-Gashi, L., Toçi, E. (2020). Perceptions of early marriage, educational aspirations, and career goals among Kosovar adolescents. Marriage & Family Review 56, No. 6, p. 515.

[16] Suhargon, R., Anggeraini, F. (2021). The Juridical Review of Law Number 1 of Year 1974 on Marriage and the Compilation of Islamic Law Concerning Status of Different Religious Wedding Abroad. Legal Brief 10, No. 2, p. 198.

[17] Nasution, K. (2021). The Roles of Families in Combating Drugs Uses, Violence and Terrorism. Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, No. 1, p. 36.

[18] Savirimuthu, J. (2020). Datafication as parenthesis: reconceptualising the best interests of the child principle in data protection law. International Review of Law, Computers & Technology 34, No. 3, p. 324.

[19] Lahilote, H.S. (2020). Legal Transplant in the Substance of the Authority of Religious Courts in Indonesia. JL Pol’y & Globalization 93, p. 135.

[20] Suhargon, R., Anggeraini, F. (2021). The Juridical Review of Law Number 1 of Year 1974 on Marriage and the Compilation of Islamic Law Concerning Status of Different Religious Wedding Abroad. Legal Brief 10, No. 2, p. 198.

[21] Hafidzi, A., Hani, M.H.M. (2020). Wahbah Zuhaili’s and Sayyid Sabiq’s Perspective on The Principles of Marriage Contract in Indonesia. Al-’Adalah 17, No. 1, p. 197.

[22] Inhorn, M.C., Birenbaum-Carmeli, D., Vale, M.D., Patrizio, P. (2020). Abrahamic traditions and egg freezing: Religious Women’s experiences in local moral worlds. Social Science & Medicine 253, 112976.

[23] Saebani, B.A. (2021). Marriage in Islamic Law and Law. Jakarta: Pustaka Setia, pp. 11-12.

[24] Hassan, M.H. (2017). Debating Various Forms of Civil Disobedience in Islam. Civil Disobedience in Islam. Singapore: Palgrave Macmillan, p. 85.

[25] Noor, Z., Lee, N. (2021). Dawud al-Fatani’s Thoughts on Marriage in Īḍāḥu l-Bāb li-Murīdi l-Nikāḥ bi-l-Ṣawāb. Hawwa 1 (aop), p. 1.

[26] Perry, M.E. (2020). Gender and disorder in early modern Seville. United Kingdom: Princeton University Press, p. 14.

[27] Plümper, T, Neumayer, E. (2020). Human rights violations and the gender gap in asylum recognition rates. Journal of European Public Policy, p. 3.

[28] Ghazaly, A.R. (2019). Fiqh munakahat, Jakarta: Prenada Media, p. 11.

[29] Sitorus, I.R., Yusmita, Y. (2020). The Age of Marriage on Interdisciplinary Islamic Law Perspectives. Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi, dan Keagamaan 7, No. 1, p. 4.

[30] Bougnères, P. (2002). Genetics of obesity and type 2 diabetes: tracking pathogenic traits during the predisease period. Diabetes 51 (suppl 3), S295-S303.

[31] Zulaiha, E., Mutaqin, A.Z. (2021). The Problems of The Marriage Age Changing in Indonesia in the Perspectives of Muslim Jurists and Gender Equality. Hanifiya: Jurnal Studi Agama-Agama 4, No. 2, p. 99.

[32] Melnikas, A., Ainul, S., Ehsan, I., Haque, E., Amin, S. (2020). Child marriage practices among the Rohingya in Bangladesh. Conflict and health 14, No. 28, p. 8.

[33] Analiansyah, A. (2017). The Development of Legal Subjects in Islam and Its Influence on the Development of Fiqh: A Study of Islamic Legislation in Indonesia. Aricis Proceedings, p. 1.

[34] Afrianty, D. (2020). Rising public piety and the status of women in Indonesia two decades after reformasi. TRaNS: Trans-Regional and National Studies of Southeast Asia 8, No. 1, p. 66.

[35]  Sultana, S., Guimbretière, F., Sengers, P., Dell, N. (2018). Design within a patriarchal society: Opportunities and challenges in designing for rural women in Bangladesh. Proceedings of the 2018 CHI Conference on Human Factors in Computing Systems. No. 536, p. 5.

[36] Muslim, H. (2014). Shahih Muslim, Juz I. Bandung: Dahlan, p. 45.

[37] Wiludjeng, H. (2020). Marriage Law in Religions. Jakarta: Penerbit UKI Atma Jaya, p. 10.

[38] Efevbera, Y., Bhabha, J. (2020). Defining and deconstructing girl child marriage and applications to global public health. BMC Public Health 20, No. 1, p. 7.

[39] Baugh, C.G. (2017). Early Ḥanafī Thought. Minor Marriage in Early Islamic Law. Brill, Vol. 41, pp. 78-102.

[40] al-Asqalāniy, A. Fath al-Bāry bi Syarh Shahīh al-Bukhāry juz IX. Beirūt: Dār al-Ma’rifah, t, th, p. 184.

[41] Indonesian Ulema Council. (2009). Ijma’ Ulama (Decision on Ijtima’ Ulama of the Indonesian Fatwa Commission III of 2009). Jakarta: Majelis Ulama Indonesia, p. 78.

[42] Gesink, I.F. (2020). Intersex in Islamic medicine, law, and activism. The Routledge Handbook of Islam and Gender. Routledge, pp. 116-129.

[43] Rowe, R. (2020). The reproductive microbiome: an emerging driver of sexual selection, sexual conflict, mating systems, and reproductive isolation. Trends in ecology & evolution 35, No. 3, p. 224.

[44] Ullah, N., Abd Aziz, S.N.B., Idrees, R.Q. (2021). Child Marriages: International Laws and Islamic Laws Perspective. Journal of Educational and Social Research 11, No. 3, p. 60.

[45] Khalfaoui, M., Jones, J. (eds.). (2020). Islamic Family Law in Europe and Islamic World: Current Situation and Challenges. Germany: Carl Grossmann Verlag, p. 91.

[46] Lei, M.K., Beach, S.R.H. (2020). Can we uncouple neighborhood disadvantage and delinquent behaviors? An experimental test of family resilience guided by the social disorganization theory of delinquent behaviors. Family process 59, No. 4, p. 1801.

[47] Rasyid, R.M. (2000). Tafsir al-Manar, Juz I. Mesir: Dar Al-Qutub, pp. 396-397.

[48] Trakic, A., Tajuddin, H.H.A. (2021). Islamic Law in Malaysia: The Challenges of Implementation. Singapore: Springer Nature, p. 43.

[49]  Rasyid, R.M. (2000). Tafsir al-Manar, Juz I. Mesir: Dar Al-Qutub, pp. 396-397.

[50] Sawai, R.P. (2020). Inculcating the Sense of Modesty (Al-Haya’) in Youth from the Perspectives of the Quran and Sunnah. Maʿālim al-Qurʾān wa al-Sunnah 16. No. 2, p. 25.

[51] Helim, A. (2019). Maqāṣid Al-Sharī’Ah versus Uṣūl Al-Fiqh. Yogyakarta: Pustaka Pelajar, p. 24.