scholarly journals Juridical Study of the Constitutional Court's Decision No. 22/PUU-XV/2017 Regarding Restriction of Marriage Age in the Perspective of Maslahah Theory by Muhammad Saʻîd Ramaḏân Al-Bȗṯî’s and Gender Equality in Islam

AL- ADALAH ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 111-130
Author(s):  
Machrus Ali Syifa’ ◽  
Ahmad Tholabi Kharlie ◽  
Mualimin Mochammad Sahid
Keyword(s):  
Gender Equality ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Age ◽  
Men And Women ◽  
Child Exploitation ◽  
Minimum Age ◽  
And Gender ◽  
Age Of Marriage

This article is intended to answer questions on the legal considerations of the Constitutional Court Decision No. 22/PUU-XV/2017 regarding the minimum age of marriage for women and how the Judgment is seen from the Muhammad Saʻîd Ramaḏân al-Bûṯî's maslahah theory and the theory of gender equality in Islam. From the conducted studies, several conclusions can be drawn. First, the Judge's legal considerations in canceling the minimum age of marriage in decision No. 22/PUU-XV/2017 are based on consideration of discrimination acts, health and educational aspects, child exploitation, the minimum age requirement for marriage in various countries, and policy demands related to marriage age. Second, in terms of the al-Bûṯî’s maslaẖah theory, the Constitutional Court's ruling on the equalization of marital age between men and women is not categorized as a maslahah, since it does not meet the five criteria for something to be called as a maslahah. Third, according to the gender equality theory in Islam, it can be concluded that the Constitutional Court's decision is not suitable to the theory, since the meaning of equality in Islam is not to be equal but rather to the fulfillment of rights according to the level of needs. 

scholarly journals SYARIAH COMPATIBILITY AND HUMAN RIGHTS IN DETERMINING THE AGE OF MARRIAGE

1970 ◽  
Vol 21 (2) ◽  
pp. 263-274
Author(s):  
Rumi Suwardiyati ◽  
Siti Rohmah ◽  
Andi Muhammad Galib ◽  
Abdul Halim
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Strategic Decision ◽  
Constitutional Court ◽  
Religious Leaders ◽  
Marriage Age ◽  
Minimum Age ◽  
Age Limit ◽  
Age Of Marriage ◽  
Religious Understanding

The purpose of this research is to examine the interpretation of constitutional judges regarding the age limit for marriage which is considered to contain compatibility and efforts to harmonize sharia and human rights principles in their decisions. This is motivated by child marriage tends to ignore the rights of children and women. Unfortunately, this practice is often affirmed by religious understanding and even state law. The research method used is normative juridical using secondary data. As for this research will analyze the decision of the Constitutional Court Number 22/PUU-XV/2017.  This research will show the conflict between the interpretation of sharia - which has been the authoritative area of ​​religious leaders - and the principles of Human Rights (HAM). Meanwhile, the interpretation of the judges of the Constitutional Court seems to contain a discourse on the compatibility and harmony of sharia and human rights. This research per reflects the approach of the Constitutional Court and the strategy of the petitioners in an effort to review the constitutionality of the minimum age for marriage as stated in the Marriage Law. The various approaches and arguments put forward show that the applicant made a strategic decision by trying to break a patriarchal culture and injustice before the Constitutional Court.  Keywords: Marriage Age Limit, Syariah, Human Rights, Constitutional Court 

scholarly journals PENYAMAAN BATAS USIA PERKAWINAN PRIA DAN WANITA PERSPEKTIF MAQASID AL-USRAH (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 22/PUU-XV/2017)

Mahakim ◽  
2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Moch Nurcholis
Keyword(s):  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Male And Female ◽  
Legal Policy ◽  
Legal Validity ◽  
Sense Of Smell ◽  
Minimum Age ◽  
Age Of Marriage ◽  
First Time

Marital Age Arrangement as ruled by UU Perkawinan and KHI is part of open legal policy category and has legal validity according to regulation of Constitutional Court (Mahkamah Konsitusi). Nevertheless, legal policy must be positioned unexceeding authority, unbreaking morality and rationality of law, not to impact intolerable injustices, and not clearly contradicting Indonesian Constitution (UUD) 1945. Hence, relating to questioning phrases in article 7 verse 1 “in 16 years old” as part of Marital Law N. 1/1974. The Constitutional Court on its court decision explains that that provision is has not binding legal force. This decision has implicated obligation of equalizating minimum age of marriage (both male and female). Then, what is maqasid al-usrah thought on this decision? To answer that question, this research will explain criteria of adulthood from Islamic Law perspective and maqasid al-usrah thought on equalizating minimum age of marrige, both male or female. Islamic Law, throught its concept of baligh and `aqil, has opinion that measure of adulthood (both male and female) is same, where they have reached 15 years of age. Biologically, male is considered adult when he released sperm firstly. And female is considered adult when she menstruasting for the first time, or her sense of smell is more sensitive, or changing vocal sound, or growing some hair around her vagina and on armpits. Equalizating marital age between man and woman is justified based on maqasid al-usrah and Islamically legal as long as its purpose is implementing the marital goals.

The Problems of The Marriage Age Changing in Indonesia in the Perspectives of Muslim Jurists and Gender Equality

2021 ◽  
Vol 4 (2) ◽  
pp. 99-108
Author(s):  
Eni Zulaiha ◽  
Ayi Zaenal Mutaqin
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Research Approach ◽  
Marriage Age ◽  
Minimum Age ◽  
Age Limit ◽  
Age Limits ◽  
The Law ◽  
And Gender ◽  
Age Of Marriage

The rules regarding the age limit for marriage as contained in Article 7 of Law no. 1 of 1974, which states that the minimum age of marriage for men is 19 years and for women is 16 years. These rules were amended through law no. 16 of 2019, which stipulates that the age limit for marriage, both for men and women, are in the same age, 19 years old. This change is intended to bring benefits of marriage minimizes the conflict in the household. But in fact, the changing age limit for marriage still creates some problems; for example, not a few Muslims view that in Islam, there are no provisions regarding age limits and there are dispensations for those forced to marry under a predetermined age. This research aims to find out the problematics of the law on changing the age limit for marriage. The research approach used qualitative with descriptive analysis methods and literature review. The results of the study indicate that there are several problems regarding the age limit between First, Islamic law does not stipulate a minimum age for marriage, so that some people do not heed the provision; Second, there are some rules regarding dispensation for those who want to get married at the age of 19 by putting forward to the court. This is an opportunity to violate the regulations; Third, changes to the law that have raised the age limit for marriage, in reality, in society, have not been able to stop the rate of early-age marriage.

scholarly journals Legal Regulation of the Minimum Marriage Age: The Past and the Present

2020 ◽  
Vol 15 (8) ◽  
pp. 84-95
Author(s):  
E. E. Lekanova
Keyword(s):  
Detailed Comparison ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Marriage Age ◽  
Unsuccessful Attempt ◽  
Domestic Legislation ◽  
Minimum Age ◽  
The Russian Empire ◽  
A Minor ◽  
Age Of Marriage

The legal regulation of the features of marriage in a minor age has a millennium history. The analysis of legal regulation of the marriage age in Russia, the Russian Empire and the RSFSR shows that the models of the legal regulation of the minimum marriage age are divided into simplified and differentiated ones (gender differentiated, nationally differentiated and socially differentiated models). The author concludes that in domestic legislation the minimum age of marriage always depended on various circumstances. Until 1926, there was a gender-differentiated model of the legal regulation of the minimum age of marriage. A nation-differentiated model existed in the prerevolutionary and Soviet era in relation to the inhabitants of Transcaucasia. Since 1926, in the territory of the RSFSR, a socio-differentiated model of the legal regulation of the minimum age of marriage was consolidated in law. According to this model the minimum age of marriage was reduced due to special social circumstances. Family laws of the Russian Federation made an unsuccessful attempt to implement the nation-differentiated model of the legal regulation of the minimum age of marriage. The modern Russian model of legal regulation of the minimum age of marriage is socio-differentiated. The paper also carries out a detailed comparison of the three socio-differentiated models of the legal regulation of the minimum age of marriage (the model under the Soviet Code of Marriage, Family and Custody of the RSFSR (1926—1968), the model under the Code of Marriage and Family of the RSFSR (1969—1995), the contemporary model); analyzes the differences and shortcomings of these models; suggests ways to eliminate them.

scholarly journals KEPRIBADIAN WANITA JAWA DALAM SERAT SULUK RESIDRIYA DAN SERAT WULANG PUTRI KARYA PAKU BUWONO IX

LITERA ◽  
2014 ◽  
Vol 13 (1) ◽  
Author(s):  
Sri Harti Widyastuti
Keyword(s):  
Qualitative Research ◽  
Gender Equality ◽  
Research Design ◽  
Gender Inequality ◽  
Equal Rights ◽  
Men And Women ◽  
Qualitative Research Design ◽  
And Gender

This study aims to describe Javanese women’s personality in the perspective of feminism and gender equality and inequality in Serat Suluk Residriya and Serat Wulang Putri. It employed the qualitative research design and modern philology. The findings are as follows. Javanese women’s personality in Serat Suluk Residriya includes their images. Gender inequality in Serat Suluk Residriya includes subordination, woman stereotype, rights to use but not to possess, women as sexual objects, and polygamy. Gender inequality in Serat Wulang Putri shows that women must have a lot of children. Gender equality in Sera Wulang Putrishows that men and women have equal rights to be ascetic, knowledgeable, skillful, brave and great, and wealthy.

scholarly journals Jak politycy mówią o równouprawnieniu płci? Debata nad projektem ustawy o równym statusie kobiet i mężczyzn

2008 ◽  
Vol 52 (3) ◽  
pp. 35-52
Author(s):  
Magdalena Saryusz-Wolska
Keyword(s):  
Key Words ◽  
Gender Equality ◽  
Public Discourse ◽  
The Internet ◽  
Self Presentation ◽  
Men And Women ◽  
Equal Status ◽  
Basic Mode ◽  
Equality Rights ◽  
And Gender

The main purpose of the article is to analyse the language and argumentation used by Polish politicians in debates on equality and gender equality rights. The material analysed in the article includes shorthand records gathered in the internet archives of the Sejm and the Senate during legislative works on the bill on the equal status of men and women. The conclusion, drawn after the analysis, supports the initial theses of the authors (Marek Czyżewski, Sergiusz Kowalski, Andrzej Piotrowski), who claimed that the basic “mode of public discourse” in Poland is the so-called “ritual chaos”, which manifests a lack of will of agreement and ostentatious self-presentation. During the debate the MPs defined the key words such as “equality” and “parity” in various manner, they marginalised the problem of discrimination of sexes and showed a lack of professionalism in their presentations. It was surprising to see one of the strongest voices against the bill presented by the representative of the “Platforma Obywatelska”, which normally claims liberalism and equality. Meanwhile, the most rational and balanced views and arguments for equality of rights for women were presented by a representative of the “Samoobrona”.

Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah

2021 ◽  
Vol 15 (1) ◽  
pp. 83-98
Author(s):  
Abdul Gaffar ◽  
M Ali Rusdi ◽  
Akbar Akbar
Keyword(s):  
Married Couple ◽  
Marital Problems ◽  
Marriage Age ◽  
Social Maturity ◽  
Minimum Age ◽  
Primary Reference ◽  
The Government ◽  
Marital Success ◽  
Age Of Marriage ◽  
The Ideal

Indonesian Muslims have not maximally applied maturity of marriage age as an important aspect in obtaining marital success. Apart from the concept of maturity of diverse marriage age, divorces and many marital problems based on the immaturity of a married couple still rife in Indonesia. The government has even issued regulations related to the age of marriage through Law number 1 of 1974 that was revised by Law number 16 of 2019, which stipulates that marriage is limited to a minimum age of 19 years for the two brides. This article aims to find the concept of quality-oriented marriage age to complement the quantity-oriented idea as applied by the Indonesian government and as understood differently by Muslims based on the opinions of the scholars (‘ulamā). This article abstracts the concept of the ideal age of marriage from the instructions of the Prophet Muhammad PBUH as the primary reference of Islamic teachings by discussing the hadīth using the ma‘ānī al-ḥadīṡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadīth requires the criteria for the maturity of the marriage age in the form of religious, physical, financial, and social maturity. These qualitative criteria fulfill the element of maqāṣid al-syarī‘ah and are interconnected so that they should be actualized as a new basis in the formulation of policies related to the maturity of marriage age in Muslim societies.

scholarly journals Willing to share? Tax compliance and gender in Europe and America

2017 ◽  
Vol 4 (2) ◽  
pp. 205316801770715 ◽  
Author(s):  
John D’Attoma ◽  
Clara Volintiru ◽  
Sven Steinmo
Keyword(s):  
Gender Equality ◽  
Tax Compliance ◽  
The United States ◽  
Behavioral Differences ◽  
Men And Women ◽  
The United Kingdom ◽  
Deceptive Behavior ◽  
Traditional Societies ◽  
The Difference ◽  
And Gender

Studies examining the effects of gender on honesty, deceptive behavior, pro-sociality, and risk aversion, often find significant differences between men and women. The present study contributes to the debate by exploiting one of the largest tax compliance experiments to date in a highly controlled environment conducted in the United States, the United Kingdom, Sweden, and Italy. Our expectation was that the differences between men’s and women’s behavior would correlate broadly with the degree of gender equality in each country. Where social, political and cultural gender equality is greater we expected behavioral differences between men and women to be smaller. In contrast, our evidence reveals that women are significantly more compliant than men in all countries. Furthermore, these patterns are quite consistent across countries in our study. In other words, the difference between men’s and women’s behavior is not significantly different in more gender neutral countries than in more traditional societies.

The Analysis Of Minimum Marriage Age Determination In Indonesia And Other Islamic Countries

2018 ◽  
Vol 16 (2) ◽  
pp. 148
Author(s):  
Nur Azizah
Keyword(s):  
Research Method ◽  
Age Determination ◽  
Marriage Age ◽  
Islamic Country ◽  
Muslim Countries ◽  
The World ◽  
Islamic Countries ◽  
Minimum Age ◽  
Age Of Marriage

The age of marriage is always a polemic in the household. This is based on the view that the age of marriage that is not mature mentally, physically, psychologically, and education is susceptible to unstable attitudes in taking policies or decisions. So that it is feared that they have not been able to respond to problems in the marriage. Indonesia is a country with Muslims as a major population regulating the minimum age of marriage, as well as Muslim countries in the world. The research method used is the juridicalnormative approach. There are someconclusions obtained. First, the Shari'a does not explicitly set a minimum age for marriage, but legal age and understanding are elements that must be fulfilled for prospective brides, and especially for husbands who are positioned as heads of families. Second, every Islamic country, including Indonesia, has different rules regarding the minimum age of marriage, but the purpose of the restriction remains the same, which is to form a partner who is physically and resourcefully ready to build a sakinah household.Keywords: Rules; Age; Marriage

Sign in / Sign up

Export Citation Format

Share Document