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

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.

2020 ◽  
Vol 15 (8) ◽  
pp. 84-95
Author(s):  
E. E. Lekanova

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.


1970 ◽  
Vol 21 (2) ◽  
pp. 263-274
Author(s):  
Rumi Suwardiyati ◽  
Siti Rohmah ◽  
Andi Muhammad Galib ◽  
Abdul Halim

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 


Author(s):  
Teguh Anshori

AbstractThis study departs from a juridical confusion regarding the age limit of marriage with other provisions regarding age. Article 7 Paragraph 1 of Law No. 1 of 1974 concerning Marriage, states that marriage is only permitted if the male has reached the age of 19 (nineteen) years and the female has reached the age of 16 (sixteen) years. Law Number 23 the Year 2002 concerning Child Protection states that what is called a 'child' is a person who is under 18 years of age. As for Law Number 26 of 2000 concerning the Human Rights Court, it is explained that an adult category is a person who is 18 years old. The Marriage Age Maturing Program (PUP) offers a solution, namely the ideal age of marriage seen from various perspectives is a minimum of 20 years for women and 25 years for men. Departing from this, this study seeks to explore why the need for an ideal marriage age limit according to Maqasid Sharia, as well as how to analyze Maqasid Sharia against the provisions of the ideal age limit of marriage in Mating the Age of Marriage (PUP). To answer this question, this study uses Maqasid Sharia theory with the basic assumptions of the theory, namely the protection of religion, soul, reason, descent, and property. The normative-empirical approach in this study refers to the study of the formal aspects of the Marriage Age Maturity (PUP) program.This study found that the existence of an ideal marriage age limit in Maqasid Sharia theory can have a variety of positive impacts when applied. The positive impact is in the form of increasing the ideal age of marriage; increasing family welfare; improved education; increased understanding related to the importance of the ideal age of marriage; and parents increasingly understand the importance of the ideal age of marriage when they want to marry their children. The provisions of the ideal marriage limit in Maturing Marriage Age (PUP) are at least 20 years for women and 25 years for men. Sharia Maqasid's analysis results in this study indicate that the ideal age provisions applied in the Marriage Age Maturing (PUP) program are the right solution in creating a good Sharia Maqasid family. The application of these provisions can regulate relations between men and women; look after offspring; creating sakinah, mawaddah, warahmah families; maintain lineage; maintain diversity in the family; set the pattern of good relationships in the family and regulate financial aspects in the family.Keywords: Maqasid Sharia, Maturity Maturity (PUP). AbstrakPenelitian ini berangkat dari sebuah kerancuan yuridis mengenai batas usia perkawinan dengan ketentuan lain mengenai usia. Pasal 7 Ayat 1 UU Nomor 1 Tahun 1974 tentang Perkawinan, menyebutkan bahwa perkawinan hanya diizinkan apabila pihak laki-laki telah mencapai umur 19 (sembilan belas) tahun dan pihak perempuan sudah mencapai usia 16 (enam belas) tahun. Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak menyebutkan bahwa yang disebut dengan ‘anak’ adalah orang yang masih berusia di bawah 18 tahun. Adapun dalam Undang-Undang Nomor 26 Tahun 2000 tentang Pengadilan Hak Asasi Manusia, dijelaskan bahwa kategori dewasa adalah orang yang berumur 18 tahun. Program Pendewasaan Usia Perkawinan (PUP) menawarkan solusi, yaitu usia ideal perkawinan dilihat dari berbagai perspektif adalah minimal 20 tahun bagi perempuan dan 25 tahun bagi laki-laki. Berangkat dari hal tersebut, penelitian ini berusaha menelusuri mengapa perlunya batas usia ideal perkawinan menurut Maqasid Syariah, serta bagaimana analisis Maqasid Syariah terhadap ketentuan batas usia ideal perkawinan dalam Pendewasaan Usia Perkawinan (PUP). Untuk menjawab pertanyaan tersebut, penelitian ini menggunakan teori Maqasid Syariah dengan asumsi dasar teori yaitu perlindungan terhadap agama, jiwa, akal, keturunan, dan harta. Pendekatan normatif-empiris dalam penelitian ini mengacu pada kajian aspek formal program Pendewasaan Usia Perkawinan (PUP).Penelitian ini menemukan bahwa adanya batas usia ideal perkawinan dalam teori Maqasid Syariah dapat memberikan berbagai dampak positif apabila diterapkan. Dampak positif tersebut berupa meningkatnya usia ideal perkawinan; meningkatnya keluarga sejahtera; meningkatnya pendidikan; meningkatnya pemahaman terkait pentingnya usia ideal perkawinan; serta orang tua semakin memahami pentingnya usia ideal perkawinan ketika hendak menikahkan anaknya. Adapun ketentuan batas ideal perkawinan dalam Pendewasaan Usia Perkawinan (PUP) yaitu minimal 20 tahun bagi perempuan dan 25 tahun bagi laki-laki. Hasil analisis Maqasid Syariah dalam penelitian ini menunjukkan bahwa ketentuan usia ideal yang diterapkan dalam program Pendewasaan Usia Perkawinan (PUP) merupakan solusi tepat dalam menciptakan Maqasid Syariah keluarga yang baik. Penerapan ketentuan tersebut mampu mengatur hubungan antara laki-laki dan perempuan; menjaga keturunan; menciptakan keluarga sakinah, mawaddah, warahmah; menjaga garis keturunan; menjaga keberagamaan dalam keluarga; mengatur pola hubungan yang baik dalam keluarga dan mengatur aspek finansial dalam keluarga.


2019 ◽  
Vol 14 (2) ◽  
pp. 311-328
Author(s):  
Novan Ardy Wiyani

This study illustrates the paradigm of students at the Islamic boarding school Darussalam towards the target age of marriage. It is interesting to study when the target age is significantly analyzed in the perspective of female students. This is because, in general, marriages that occur among female students are known as arranged marriages. However, this paper explores the opinions of each female santri in determining the ideal marriage age limit for their perspective. Previously, it was reviewed in advance regarding the age regulation of maturity according to classical fiqh and the rules of legislation, in this case Law No. 1 of 1974 and compilation of Islamic Law (KHI). The final analysis is to analyze the results of a survey of about 30 female students of the Darussalam boarding school. Then proceed with classifying the age of marriage in four classifications, namely the age of marriage in an ideal level, sufficient, alert, and alert. The findings of this paper provide a clear picture that women's rights in determining the age of marriage are strongly influenced by their physical and mental maturity. Therefore, indirectly invalidated at least the age of 16 years for women regulated in the Act does not pay attention to the wishes of women themselves.


2018 ◽  
Vol 16 (2) ◽  
pp. 148
Author(s):  
Nur Azizah

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


2021 ◽  
Vol 5 (1) ◽  
pp. 232
Author(s):  
Umi Supraptiningsih

The age of marriage enhancement as mandated by Law no. 16 of 2019 is increasing the minimum age for marriage from 16 years for women and 19 years for men to 19 years for both women and men. However, this rule has not been accepted wholeheartedly by the community, so there are pros and cons. This study focuses on answering three questions: 1) Why are there pros and cons in the provisions of Law no. 16 in 2019 within a society? 2) What steps are taken by the community in violating the provisions of Law no. 16 of 2019? 3) What steps have been taken by the KUA and the Religious Courts in implementing the provisions of Law Number 16 of 2019? This research uses qualitative research with discourse analysis method. The researcher uses Pierre Bourdieu's theory to see the dynamics of the pros and cons contestation in increasing the age of marriage. With the genetic structuralism approach, to unite the origins of the individual mental structure, which is the product of the unification of the social structure that surrounds it. There are groups of people who agree to increase the age of marriage, and there are groups against it. The importance of mature marriage is to reduce divorce rates, poverty rates, children dropping out of school, maternal and child mortality rates. On the other hand, some people still prioritize the legal requirements of marriage by fulfilling the provisions of Islamic law (alternative options) not cumulative as required in the conditions for a valid marriage in the UUP. The arguments of people against the increase of marriageable age are based on the background of community culture, economic conditions, and free lifestyle of teenager. Unregistered marriage (nikah siri), legalization of marriage procedure and marriage dispensation are alternative steps taken by people who are against the increase of marriage age. KUA (religious affairs office) and the Religious Courts as the frontline in maintaining the mandate of Law no. 16 of 2019 using legal norms, still tightening the provisions on the age limit for marriage, marriage dispensation and legalization of marriage.


2021 ◽  
Vol 16 (2) ◽  
pp. 47-54
Author(s):  
Е. Е. Lekanova

The paper is devoted to the study of law rules, doctrinal positions and jurisprudence dealing with exceptional circumstances that serve as a basis for minor marriage. The relevance of the study is primarily predetermined by the taken and planned actions of the state authorities undertaken to develop draft laws aimed at improving the content of Art. 13 of the Criminal Code of the Russian Federation regulating the age of marriage. The author draws the following conclusions. Conditions for reducing the overall minimum age of marriage for persons under 16 years of age, as well as for older minors, should be governed at the federal level. The list of exceptional (reasonable) circumstances should be exhaustive, since the current open list of life circumstances applied to reduce the overall minimum marriage age leads to excessive freedom of enforcement discretion. Both the Russian and international legislator consider “child” marriage as a negative social phenomenon. In this regard, the issuance of permission to marry as a minor should be dictated by even more unfavorable social circumstances that have arisen in the life of the minor. Marriage should contribute to overcoming or leveling (smoothing) these adverse factors. Only the circumstances in which the marriage is proportionate to the legal consequences it causes (the acquisition of full civil legal capacity by minors, termination of the parents’ obligations to financially support their minor children who have entered into marriage, providing them with housing, etc.) can be considered as good reasons for reducing the minimum marriage age. These circumstances also include pregnancy and the birth of a child.


Author(s):  
Imam Tabroni ◽  
Hisam Ahyani ◽  
Dian Permana

This research departs from a juridical confusion regarding the ideal of a person going to get married, where the age of marriage with other provisions regarding age, namely, in terms of philosophical Materialism and Idealism of Marriage Age in Indonesia. Whereas in Indonesian Law on Marriage Marriage is only permitted if men and women have reached the age of 19 (nineteen) years. The purpose of this study is to find out the philosophical review of materialism and idealism of marriage age in Indonesia, with the article 7 paragraph (1) for 16 of 2019 jo. u 1 year 1974 regarding marriage). The conclusion of this research is the philosophical value of materialism and idealism of marriage age is the concept of historical materialism of humans who will choose their readiness in facing marriage, this is because one's age is not a reference, which is the basis for people to get married including their readiness to face material livelihood, readiness self and material. Likewise in Indonesia, the ideal age in society in Indonesia if it is associated with Karl Mark's theory, then the readiness of oneself in the material (economic elements) is as a reference for people to get married.


2019 ◽  
Vol 7 (2) ◽  
pp. 268-277
Author(s):  
Saiful Saiful

With regard to marriage problems in Indonesia, the age limit of marriage is regulated in positive law contained in Law Number 1 of 1974 and KHI, namely Marriage is only permitted if the male has reached the age of 19 (nineteen) years and the woman has reached the age 16 (sixteen) years, which was later revised in Law Number 16 of 2019 which states that marriage is only permitted if a man and woman have reached the age of 19 (nineteen) years, then if seen from the maslahah concept this determination is at the daruriyyah level, namely maintaining the safety of the soul (hifzu al-nafs), maintaining the safety of the mind (hifzu al-'aql), and maintaining the safety of the offspring (hifzu al-nasl). The change in the minimum age of marriage that occurs in the Marriage Law Article 7 paragraph (1) No. 1 of 1974 contains more maslahah and is more in accordance with maqasid sharia. Because at the age of 19, it is hoped that the ideal marriage can be accomplished and be able to realize the goals of marriage, such as maintaining offspring, creating a sakinah mawaddah wa rahmah family, maintaining lineages, creating patterns of family relationships, maintaining diversity in the family and preparing for economic aspects.


Author(s):  
Anna Marsella ◽  
Amrullah Hayatudin ◽  
Encep Abdul Rojak

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


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