scholarly journals Islamic Family Law Reform: Early Marriage and Criminalization (A Comparative Study of Legal Law in Indonesia and Pakistan)

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Fatum Abubakar
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Married Couples ◽  
Early Marriage ◽  
Law Reform ◽  
Child Marriage ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Of Marriage

In this paper I want to compare of legal law in Indonesia and Pakistan about early marriage. In Indonesia, marriage law No. 1/ 1974 explained that the limit of age of marriage is sixteen (16) years for women and nineteen (19) years for men. In Pakistan, after the 1961 MFLO amendment, Pakistan established the minimum age of marriage under the Child Marriage Restraint Act, 1929, is eighteen (18) years for men and sixteen (16) years for women. In addition to Law No. 1 of 1974, in Indonesia, the KHI is clearly repeating Article 15 Paragraph (2), for candidates who have not reached the age of 21 years, they must obtain permission as provided in Article 6 Paragraph (2), (3), (4), and (5) of Law No. 1 year 1974. Otherwise, in Indonesia this regulation is slower than other perversions country that I mention. The questions in this paper are; first, why does the legislation of Indonesia provides dispensation of marriage in the Court for prospective couples under the age of marriage? Second, why does Pakistan's legislation give prison sanctions and penalties for married couples under the age of marriage? Thirdly, why does the legislation of Indonesia and Pakistan implement different determination of law for early marriage? The conclusion; if both prospective brides are still below the minimum age for marriage, the parents of the two brides-to-be may submit a marriage dispensation in a religious court. Dispensation of this marriage is regulated in Minister of Religious Affairs Regulation No. 3 year 1975, specifically for people who are Moslems. This matter the marriage law also provides an outlet as a solution if the minimum age requirement is not met. Otherwise, In Pakistan, Historically; the marriage of children is in conflict between those who feel established and those who want change by reforming their family law. So, MFLO 1961 came out of the outcome of the change of the Child Marriage Restraint Act 1929 to sanction marriage with fines and imprisonment for married couples who are married under the minimum age set for marriage. Even sanctions are given for parents, guardian, and marriage organizers as well as even more than the sanctions given to his son. Even if the renewal of Islamic law in the Indonesia have been done. Indonesia is somewhat late in doing Islamic law reform than Pakistan.

Historisitas dan Tujuan Aturan Umur Minimal Perkawinan dalam Perundang-Undangan Keluarga Islam di Indonesia

2019 ◽  
Vol 2 (2) ◽  
pp. 163-177
Author(s):  
Nur Wahid
Keyword(s):  
Sexually Transmitted Diseases ◽  
Mortality Rates ◽  
Early Marriage ◽  
Premature Births ◽  
Sexually Transmitted ◽  
Minimum Age ◽  
Psychological Maturity ◽  
Strongly Agree ◽  
Age Of Marriage

This paper examines the minimum age requirement for marriage in Indonesian family law legislation in Indonesia historically. Determination of the minimum age for marriage in various countries is the result of ijtihad by considering the principle of physical and psychological maturity. In Indonesian marriage legislation sating that marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached 16 (sixteen) years. Early marriage has several risks such as potential premature births, birth defects, maternal depression rates, maternal mortality rates, risk of contracting sexually transmitted diseases. Therefore, the authors strongly agree that the minimum age of marriage in Indonesia changed to 19 years

scholarly journals Dispensasi Nikah Dalam Persfektif Hukum Islam, Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 49-64
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Ita Sofia
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Court Hearing

AbstractMarriage dispensation is a legal solution because most of the perpetrators of marriage dispensation are those who do not yet have formal legality to get married, so they then take the legal initiative so that marriages can be recognized. This study aims to determine the perspective of Islamic law, Marriage Law and Compilation of Islamic Law regarding marriage dispensation. The method used is qualitative with primary data sources from the Marriage Law, the Book of Fiqh and the Compilation of Islamic Law while secondary data are books, journals, magazines related to marriage dispensation. The results of this study found that Islamic law does not specifically regulate marriage dispensation because the majority of scholars only mention balig as a condition for marrying a person and do not specify a minimum age of marriage, whereas Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law strictly regulates underage marriage , i.e. must go through a court hearing mechanism to obtain a marriage dispensation permit.Keywords: Marriage Dispensation, Compilation of Islamic Law AbstrakDispensasi Nikah sebagai solusi hukum karena para pelaku dispensasi nikah kebanyakan mereka yang belum memiliki legalitas formal untuk menikah, sehingga kemudian mengambil ikhtiar hukum agar pernikahan yang dilakukan dapat diakui. Penelitian ini bertujuan mengetahui perspektif hukum Islam, Undang-undang Perkawinan dan Kompilasi Hukum Islam tentang dispensasi nikah. Metode yang digunakan adalah kualitatif dengan sumber data primer dari Undang-Undang Perkawinan, Kitab Fiqh dan Kompilasi Hukum Islam sedangkan data sekunder adalah buku-buku, jurnal, majalah yang terkait dengan dispensasi nikah. Hasil penelitian ini menemukan bahwa Hukum Islam tidak mengatur khusus dispensasi nikah karena mayoritas ulama hanya menyebutkan balig sebagai syarat menikah seseorang dan tidak menentukan minimal usia perkawinan, sedangkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam mengatur ketat tentang perkawinan di bawah umur, yaitu harus melalui mekanisme sidang pengadilan untuk mendapatkan izin dispensasi perkawinanKata Kunci: Dispensasi Nikah, Kompilasi Hukum Islam

scholarly journals Paradigma fikih baru Jamal al-Banna dan relevansinya terhadap pembaruan peran perempuan dalam hukum keluarga Islam (Fiqh al-Munakahat)

2019 ◽  
Vol 19 (1) ◽  
pp. 1-26
Author(s):  
Syaiful Bahri
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Literature Study ◽  
Public Role ◽  
Minimum Age ◽  
Complementary Part ◽  
Islamic Family Law ◽  
Role Of Women ◽  
Age Of Marriage

The role of women, according to classical fiqh (Islamic law) literature, especially fiqh al-Munakah}at (Islamic family law), tends to be regarded as a complementary part of domestic life. Their role is limited to the domestic territory, and restrain to play a public role. This paper tries to reconstruct the role of women in Islamic family law, utilizing the new fiqh paradigm initiated by Jamal al-Banna. To answer this problem, the author conducted a literature study by examining two works of Jamal: Nah}wa Fiqhin Jadid and Al-Mar'ah al-Muslimah bayna Tah}rir Al-Qur'an wa Taqyid al-Fuqaha'. This paper concludes that some issues regarding the role of women in Islamic family law need renewal. There are four crucial issues that are reviewed using the new fiqh paradigm of Jamal al-Banna, namely the minimum age of marriage, wali’s ijbar rights, polygamy, and divorce.

Konsep Batasan Usia Perkawinan dalam Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974 Juncto Undang-Undang Nomor 16 Tahun 2019 tentang Perkawinan serta Implikasinya terhadap Masyarakat di Desa Langensari Kecamatan Tarogong Kaler Kabupaten Garut

2020 ◽  
pp. 1
Author(s):  
Anna Marsella ◽  
Amrullah Hayatudin ◽  
Encep Abdul Rojak
Keyword(s):  
Islamic Law ◽  
Married Couple ◽  
Married Couples ◽  
Early Marriage ◽  
Marriage Age ◽  
Positive Effects ◽  
Age Limit ◽  
Negative Impacts ◽  
Age Of Marriage ◽  
The Impact

Abstract. Islam does not discuss the age limit for conducting marriages clearly, in contrast to Law Number 1 of 1974 juncto Law Number 16 of 2019 concerning Marriage regulates the marriage age limit of 19 years for men and women, however early childhood marriage is still rife in the community, especially in Langensari Village, Tarogong Kidul District, Garut Subdistrict. Formulation of the problem namely: How is the legal review of early marriage according to Islamic Law and Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning marriage? What are the factors underlying the occurrence of early marriage in Langensari Village? What is the impact of early marriage for a married couple in Langensari Village?The purpose of this study are: To find out the legal review of early marriage according to Islamic Law and Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage, the factors underlying the occurrence of early marriage and the impact of early marriage for married couples in Langensari Village. The research method used was interview and literature study.The results of the study: Islamic law allows early marriage, with the condition that it has been agreed upon, Law No.1 Year 1974 juncto Law No. 16 of 2019 concerning marriage, limiting the age of marriage and dispensation for irregularities. Factors causing: internal factors, namely the emergence of love, love, affection, avoiding adultery, have been able to fulfill and be responsible, external factors are caused by geographical factors, social media abuse, MBA, doctrine of religious figures, excessive parental fear. Impacts of early marriage: positive effects, namely reducing cases of sexual harassment, guarding the environment of society and mutual respect, negative impacts of miscarriages, undernourished children, frequent quarreling and increasing the burden on parents.Keywords: Limitation of Marriage Age, Islamic Law, Impact of Early Marriage Abstrak. Agama Islam tidak membahas mengenai batasan usia untuk melaksanakan perkawinan secara jelas, berbeda dengan Undang-undang Nomor 1 Tahun 1974 juncto Undang-undang Nomor 16 Tahun 2019 Tentang Perkawinan mengatur batasan usia perkawinan yaitu 19 tahun untuk pria dan wanita, namun perkawinan usia dini masih marak terjadi di masyarakat, khususnya di Desa Langensari Kecamatan Tarogong Kidul Kabupaten Garut. Rumusan masalah yaitu: Bagaimana tinjauan hukum tentang perkawinan usia dini menurut Hukum Islam dan Undang-Undang No. 1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan? Apa faktor-faktor yang melatarbelakangi terjadinya perkawinan usia dini di Desa Langensari? Bagaimana dampak dari perkawinan usia dini bagi pasangan suami istri di Desa Langensari?Tujuan penelitian ini yaitu: Untuk mengetahui tinjauan hukum tentang perkawinan usia dini menurut Hukum Islam dan Undang-Undang No. 1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan, faktor-faktor yang melatarbelakangi terjadinya perkawinan usia dini dan dampak dari perkawinan usia dini bagi pasangan suami istri di Desa Langensari. Metode Penelitian yang digunakan adalah wawancara dan studi pustaka.Hasil penelitian: Hukum Islam membolehkan perkawinan usia dini, dengan syarat sudah baligh, Undang-undang No.1 Tahun 1974 juncto Undang-undang No. 16 Tahun 2019 Tentang Perkawinan, membatasi usia perkawinan dan diberlakukan dispensasi atas penyimpangan. Faktor penyebab: faktor internal yaitu timbulnya rasa suka, cinta, sayang, menghindari zina, sudah mampu mencukupi dan bertanggung jawab, faktor eksternal yaitu disebabkan oleh faktor geografis, penyalahgunaan sosial media, MBA, doktrin tokoh agama, ketakutan orang tua yang berlebihan. Dampak perkawinan usia dini: dampak positif yaitu mengurangi kasus pelecehan seksual, terjaganya lingkungan peguyuban dan saling menghormati, dampak negatif yaitu terjadinya kasus keguguran, anak berstatus gizi kurang, sering bertengkar dan menambah beban orang tua.Kata kunci: Batasan Usia Perkawinan, Hukum Islam, Dampak Perkawinan Usia Dini

Which Indonesian Women Marry Youngest, and Why?

2001 ◽  
Vol 32 (1) ◽  
pp. 67-78 ◽  
Author(s):  
Gavin W. Jones
Keyword(s):  
Field Study ◽  
Early Marriage ◽  
Marriage Law ◽  
West Java ◽  
Minimum Age ◽  
Age Of Marriage

Although the Indonesian Marriage Law of 1974 set a minimum age of marriage for females of 16, among some groups – notably Sundanese in West Java and Madurese in East Java – early marriage remained common well after the Marriage Law was promulgated. Early marriage has since declined but certainly not disappeared among these groups. This paper analyses trends in early marriage and reports on a field study among the Madurese.

scholarly journals Child marriage briefing: Mozambique

2005 ◽  
Author(s):  
Keyword(s):  
Family Law ◽  
Child Marriage ◽  
Aids Epidemic ◽  
Speaking Out ◽  
The World ◽  
Minimum Age ◽  
Adults And Children ◽  
Living With Hiv ◽  
Age Of Marriage ◽  
Legal Marriage

This brief provides an overview of child marriage as well as the particulars of child marriage in Mozambique. Mozambique, in southeastern Africa, is home to 17.5 million people, with 45 percent of its population under age 15. More than three-quarters of Mozambicans live on less than US$2 a day. The HIV/AIDS epidemic has had a devastating effect on the country; approximately 1.3 million adults and children are living with HIV, and 470,000 children have been orphaned because of AIDS. Life expectancy has fallen to 34 years, among the lowest levels in the world. Mozambique has one of the most severe crises of child marriage in the world today. Several local women’s rights groups have begun speaking out about this issue and were instrumental in ensuring the passage of the recent Family Law, which raises the minimum age of marriage for girls from 14 to 18, allows women to inherit property in the case of divorce, and legally recognizes traditional marriages. However, little capacity exists to implement the law. Included in this brief are recommendations to promote later, chosen, and legal marriage.

scholarly journals Family law reform in Indonesia according to the Maqashid al-shari’a perspective (A case study of Law no. 16 of 2019)

2021 ◽  
Vol 7 (2) ◽  
pp. 183
Author(s):  
Yuni Roslaili ◽  
Aisyah Idris ◽  
Emi Suhemi
Keyword(s):  
Review Process ◽  
Family Law ◽  
Law Reform ◽  
Constitutional Court ◽  
Library Research ◽  
Minimum Age ◽  
Age Limit ◽  
The Law

This research discusses family law reform in Indonesia in relation to the Law No. 16 of 2019 concerning the minimum age for child marriage. The study has been conducted using Maqashid al-syariah perspective in order to analyze first, the formulation of family law reform in Indonesia related to No. 16 of 2019, and second, the perspective of maqasid al-syariah in the law. The primary resource in this library research was Law No. 16 of 2019, and Marriage Law No. 1 of 1974. The results of the study found that family law reform regarding the age limit for marriage in Indonesia began with the existence of the judicial review process to the Constitutional Court regarding Law No.1 of 1974, more specifically Article 7 paragraph (1) which was perceived as contradictory to the 1945 Constitution Article 27 paragraph (1). This paper also proved that the determination of the age limit for marriage in Law No. 16 of 2019 is in accordance with the purpose of marriage and the objectives of sharia in general. In a nutshell, it can be concluded that there has been a reform of family law in Indonesia which can be seen from the aspect of the law regarding the age limit for marriage from nine years in the fiqh literature version to nineteen years in the version of Law No. 16 of 2019. In addition, Law no. 16 of 2019 also equates the minimum age for marriage between boys and girls, which is nineteen years, although classical fiqh literature distinguishes it.

scholarly journals Hukum Keluarga Islam Di Brunei Darussalam

Al-Qadha ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 1-12
Author(s):  
Arif Sugitanata Arif
Keyword(s):  
Qualitative Study ◽  
Islamic Law ◽  
Family Law ◽  
Science And Technology ◽  
Economic Globalization ◽  
Gender Issues ◽  
Law Reform ◽  
Brunei Darussalam ◽  
Minimum Age

This article tries to explain how to reform the field of Islamic family law in Brunei Darussalam while at the same time describing the background and product of family law reform itself. The data used in this study is a qualitative study, then the method used is descriptive-analytical. With conclusions that include, first, family law is a law that has provisions on the territory of family members within the scope of the household which includes certain fields such as marriage, descent, maintenance, hadhanah, guardianship, and inheritance. Second, the background of the birth of Islamic law reform that occurred in this era was caused, among other things, to fill the legal vacuum because the norms contained in the fiqh books did not regulate it, while the legal needs of society continued to grow, the influence of economic globalization and science and technology, the influence of reforms. in various fields that provide opportunities for Islamic law to become a reference in national law, the influence of reforming Islamic legal thought, both by foreign Islamic law experts and national Islamic law experts, especially regarding the development of science and technology as well as gender issues and thirdly, the product of family law reform in Brunei Darussalam is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, Marriage Registration, Minimum Age Restriction for Marriage, Role of Marriage Guardian, Polygamy, Divorce, Khulu', Rujuk. Whereas in Mawaris it includes mandatory wills.

scholarly journals ANALISIS UNDANG-UNDANG PERKAWINAN TERHADAP ANALYSIS OF MARRIAGE LAW ON MINIMUM AGE LIMITS OF MARRIAGE

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Hazna Hazna
Keyword(s):  
Social Protection ◽  
Early Marriage ◽  
Marriage Law ◽  
Protection Measures ◽  
National Legislation ◽  
Minimum Age ◽  
Women And Children ◽  
Age Limit ◽  
Age Limits ◽  
Age Of Marriage

<p>The revision of Act Number 1 of 1974 entered into discussion in the National Legislation Program (prolegnas) 2015-2019. The revision should be done because the values in the formulation of the Marriage Act is not in accordance with social protection measures and there are many shows non-compliance with the rules of article. Besides the purpose of the Marriage Act is regulating the marital life to be controlled by marriage administratively and can affect citizen identification. Indecision of Marriage Law, especially against the minimum age of marriage causes many losses, especially in women and children. The practice shows there are still many parents who marry off their children under the age of set for marriage, Based on that background the author proposes two fundamental issues: how the limit of age for marriage according to the religion, customs and laws. And why we are need for revision the Marriage Act regarding the minimum age limit of marriage. The result of this research and discussion made a conclusion that are differences of the determination for the age of the child at each legislations, but basically the set of 18 years old as a child can be held the responsibility, but on the Marriage Act for the woman's age, is 16 years old. Then the revision of Marriage Act can avoid the occurence of early marriage.</p>

scholarly journals Child marriage briefing: Nigeria

2005 ◽  
Author(s):  
Keyword(s):  
State Level ◽  
Early Marriage ◽  
Child Marriage ◽  
Federal Law ◽  
Child Rights ◽  
Aids Epidemic ◽  
High Prevalence ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Legal Marriage

This brief provides an overview of child marriage as well as the particulars of child marriage in Nigeria, one of the poorest countries in the world. More than two out of three Nigerians live on less than US$1 a day, and life expectancy is 52 years. The HIV/AIDS epidemic has had a devastating effect on the country, and Nigeria has some of the highest rates of early marriage worldwide. The Child Rights Act, passed in 2003, raised the minimum age of marriage to 18 for girls. However, federal law may be implemented differently at the state level, and to date only a few of the country’s 36 states have begun developing provisions to execute the law. Domestic violence is widespread and a high prevalence of child marriage exists. Nationwide, 20 percent of girls are married by age 15, and 40 percent are married by age 18. Although the practice of polygyny is decreasing, 27 percent of married girls aged 15–19 are in polygynous marriages. Included in this brief are recommendations to promote later, chosen, and legal marriage.

Sign in / Sign up

Export Citation Format

Share Document