scholarly journals Analisis Yuridis Normatif dan Hukum Islam Terhadap Putusan Mahkamah Konstitusi Nomor 30-74/PUU-XII/2014 Tentang Batas Usia Perkawinan Anak (Perempuan)

2016 ◽  
Vol 3 (3) ◽  
pp. 348
Author(s):  
Hasanain Haikal
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Social Issues ◽  
Social Economy ◽  
Divorce Rate ◽  
Point Of View ◽  
Child Marriage ◽  
State Of Emergency ◽  
Age Limit ◽  
Age Limits

Islam knows no age limits, the foundation in this case is strong enough for the Prophet of Islam himself married Siti Aisyah at the age of 6 years. so from the point of view of Islamic law looks no gap. but Islam does not stress if the condition is in a state of emergency can be changed law will follow the situation. The Court rejected the applicant's judicial review, the Court assesses the applicant's argument is groundless and rejected applicants for all. Judges consider that the need for an age limit for women in particular adapted to many aspects, such as health, social, cultural, and economic. In fact, there is no guarantee an increase in the age limit for women to marry from 15 to 18 years would reduce the divorce rate, tackling health problems, as well as other social issues. To prevent child marriage is a big issue, according to the Court not only by the limitations of age alone. There is a possibility, if it is based on various aspects of the development of social economy, culture, and technology, 18 years of age can be lower or even higher.

scholarly journals ANALISIS YURIDIS NORMATIF DAN HUKUM ISLAM TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30-74/PUU-XII/2014 TENTANG BATAS USIA PERKAWINAN ANAK

2016 ◽  
Vol 2 (1) ◽  
pp. 111
Author(s):  
Hasanain Haikal
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Social Issues ◽  
Technological Development ◽  
Child Marriage ◽  
Constitutional Court ◽  
Specific Requirement ◽  
Social Culture ◽  
Marriage Age ◽  
Age Limit

Islam does not know the age limit, the groundwork in this case is quite strong because Rosul Saw himself married Siti Aisyah at the age of 6 years. So from the standpoint of Islamic law there is no gap. But Islam is not rigid if indeed conditions are in an emergency may be the law will change to follow the circumstances. The Constitutional Court rejected the petition ofthe judicial review, the Court considered the applicant’s argument unreasonable, and declared the petitioner’s refusal to the fullest. The judge considers that the age-specific requirement forwomen is tailored to many aspects, such as health, social, culture, and economics. In fact, there is no guarantee that raising the marriage age limit for women from 15 to 18 years will reduce the rate of divorce, tackling health problems, as well as other social issues. To prevent child marriage that caused many problems, according to the Court not only with the age limit alone. It is also possible that, based on various aspects of socioeconomic, cultural, and technological development, the age of 18 may be considered lower or higher.

scholarly journals Perlindungan Perempuan dalam Hukum Perkawinan di Indonesia

2019 ◽  
Vol 14 (1) ◽  
pp. 14-38
Author(s):  
Bani Syarif Maula
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Early Marriage ◽  
Child Marriage ◽  
Constitutional Court ◽  
Forced Marriage ◽  
Global Consensus ◽  
Age Limit ◽  
Age Of Marriage ◽  
Legal Competency

The Indonesian Constitutional Court granted part of the claim for the judicial review lawsuit on Law No. 1 of 1974 concerning Marriage for Article 7 Paragraph 1 related to the age of marriage. The article is considered discriminatory against women and is considered legalizing child marriages because the lowest age limit for women can be married is 16 years old, different from the lowest age limit for men, 19 years old. The global consensus on the need to abolish early marriage, forced marriage, and child marriage is actually made and agreed upon by UN member countries, including Indonesia. There are a number of adverse effects that can arise in child marriage, such as impacts related to health, education and economic aspects, including violations of children's rights. This paper examines the age limit of marriage in the perspective of Islamic law, which can then become state policy. Marriage is a legal act that requires the doers to meet the criteria of legal competency. Marriage also requires the responsibility of the parties to fulfill their rights and obligations, so that the aspect of maturity in marriage is a must.

scholarly journals The Dynamics Marriage Readiness of Muslim Adolescent from the Perspective of Psychology and Islamic Law

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 229
Author(s):  
Eka Sufartianinsih Jafar ◽  
Andi Yaqub
Keyword(s):  
High School Students ◽  
Undergraduate Students ◽  
Islamic Law ◽  
Divorce Rate ◽  
Point Of View ◽  
High Rate ◽  
Research Subjects ◽  
Premarital Education ◽  
School Students ◽  
Premarital Preparation

The high rate of divorce in young couples is motivated by psychological and spiritual unpreparedness. Premarital education is a resolution to minimize the divorce rate. This study aims to hack the knowledge and understanding of Muslim adolescents regarding marriage and marriage readiness from a psychology and Islamic law perspective. This type of research uses a descriptive quantitative data collection method using a survey in the form of a questionnaire. The research subjects were 820 adolescents aged 15-20 years who came from various levels of education, namely senior high school students (54.5%) and undergraduate students (45.5%). The results of this study indicate that there are several motivations for marriage for Muslim adolescents, namely (1) wanting to justify themselves by 49% (2) wanting to get attention and affection by 20.5%, (3) wanting to have children by 15.6%, (4) improve the economy by 10%, (5) follow parents wishes 4.9%. While the things that teenagers need to prepare for marriage are (1) Economy by 31.9%, (2) Studying Religion by 29.4%, (3) Education by 20.7%, and (4) Improving Character 18%. Adolescent understanding is still low on the purpose of marriage and the forms of marriage readiness. Indicated by the orientation and motivation of marriage is dominated by the fulfillment of biological and material needs. The implication of this research is to be able to provide a comprehensive view in terms of marriage readiness from the point of view of psychology and Islamic law as reference material for providing premarital preparation/premarital education to adolescents so that they can prepare for married life.

scholarly journals WACANA SYARIAT KONTEMPORER DI BARAT: Studi Pemikiran Wael B. Hallaq dan M. Barry Hooker

2017 ◽  
Vol 18 (1) ◽  
pp. 1
Author(s):  
Mohamad Abdun Nasir
Keyword(s):  
Islamic Law ◽  
Social Issues ◽  
Ideal Point ◽  
Point Of View ◽  
Legal Norms ◽  
Main Work ◽  
Political Environments ◽  
Independent Work ◽  
Human Rights Violation ◽  
The Ideal

Contemporary popular discourses about Islam, shari’a and Islamic law in the West is often filled with the issues of terrorism, anti-democracy, human rights violation and women’s minor status in Islam, which all lead into negative perception. Unlike such popular views, Western scholars perceive shari’a from various perspectives. They are quite critical to shari’a in a positive sense. This article discusses Western scholarly discourses on shari’a by comparing the thoughts and works of two most prominent figures, Wael B. Hallaq and M. Barry Hooker, who always concern with shari’a, Islamic law and related social issues, such modernity, colonialism and legal system. Based on the model of the study of public figure and grounded its main data on Hallaq’s and Hooker’s main work, this study shows that these two scholars promote idealistic and contextual perception on shari’a. From the ideal point of view, shari’a is seen a product of scholarly independent work by Muslim jurists, whose authority now is unfortunately taken over by the state. The contextual view regards shari’a as flexible Islamic religious or legal norms that are adaptable to the changing social and political environments so they are easily transferrable into the educational, legal and political system in a country like Indonesia, entailing what is called “national mazhab”.

scholarly journals CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW

2019 ◽  
Vol 49 (1) ◽  
pp. 210
Author(s):  
Neng Djubaedah
Keyword(s):  
Islamic Law ◽  
Child Marriage ◽  
Early Age ◽  
Men And Women ◽  
Problem Child ◽  
Age Limit ◽  
Descriptive Qualitative

Article 7 paragraph (1) of Law No. 1 Year 1974 on Marriage determines marriage permitted if the man is 19 years old and female 16 years old. The age limit of marriage for 16-year-old women is considered an early age and is a problem. Child marriage in this paper is a marriage performed by men and women under the age of 18 years. It is able to cause divorce and obstruction of education. In addition to article 7 paragraph (1), child marriage is also due to pregnancy due to free sex (zina) of teenagers. According to Islamic Law, zina is an out-of-wedlock marriage committed deliberately and consciously by man and woman with their individual willingness, likes, without coercion. How is the protection of Article 7 paragraph (1) on child marriage and women under18 years old who commit zina in terms of Islamic Law? The method of research is normative-juridical and descriptive-qualitative, apply the theory ofmaqashid al-shari’a and neo receptio a contrario theory

scholarly journals DISPARITAS USIA MINIMAL PERKAWINAN DALAM KOMPILASI HUKUM ISLAM PERSPEKTIF TEORI BATAS MAṢLAḤAH SA’ĪD RAMAḌĀN AL-BŪṬI

2019 ◽  
Vol 3 (1) ◽  
pp. 123
Author(s):  
Ahmad Arif Masdar Hilmy
Keyword(s):  
Islamic Law ◽  
Men And Women ◽  
The Family ◽  
Family And Household ◽  
Minimum Age ◽  
Text Reading ◽  
Age Limit ◽  
Social Balance ◽  
Age Limits ◽  
Insight Into

This research is a document research that discussed and analyzed about the disparity in the minimum age limit of marriage in Article 15 of the Indonesian Islamic Law by using the theory of maṣlaḥah Sa'īd Ramaḍn al-Būṭi. This research became urgent in order to increase khazanah of science which is progressive and also opened insight into the opportunities for new thoughts, regarding the absence of rules in the disparity of minimum age limits of marriage for men and women in Islamic law. The data of this study were collected through the documentation method. After that, the reading was done on the text (text reading) and then the texts were analyzed. The result showed that the disparity in the minimum age limit of marriage in Article 15 KHI was based on consideration of the benefit of the family and household. The conclusion of the author's brief research was that the substance contained in Article 15 of the KHI concerning about the disparity in the minimum age limit of marriage for men and women included the benefits of parenting (mental, spiritual, financial and physical), social balance, and responsibility of marriage. The disparity in the minimum age limit of marriage in Article 15 of the KHI was a benefit if it was reviewed by using the theory maṣlaḥah from Sa'īd Ramaḍān al-Būṭi, because it had fulfilled five conditions, which were maslaḥah must be within the scope of the Shari'ah objectives, does not contradict to The Qur'an, does not contradict with the Sunnah, does not contradict with Qiyas, and does not contradict with the more urgent maṣlaḥah.

scholarly journals PUTUSAN MK NO.22 /PUU-XV /2017 TENTANG PERMOHONAN JUDICIAL REVIEW PASAl 7 AYAT (1) UU NO. 1 TAHUN 1974 TENTANG USIA PERKAWINAN DALAM PERSPEKTIF MASLAHAH

2020 ◽  
Vol 11 (2) ◽  
pp. 72
Author(s):  
Samsul Hadi
Keyword(s):  
Reproductive Health ◽  
Judicial Review ◽  
Islamic Law ◽  
Life Safety ◽  
Constitutional Court ◽  
Court Ruling ◽  
Right To Education ◽  
Age Limit ◽  
The Right ◽  
Age Of Marriage

The Decision of Constitutional Court Number. 22 / puu-XV / 2017 granted the request for a judicial review againt article 7 paragraph 1 (one) of cositution Number. 1 of 1974 concerning the age limit of marriage. This article actually distinguishes the age of marriage for women and men. For women at least 16 years and for men 19 years. This distinction is discrimination against women's rights as citizens and not in accordance with the principle of equality before the law as stated in article 12 paragraph 1 of the constitution 1945. This discrimination has caused some women to be forced to marry at the age of under 16 years, which is detrimental to the right to education, reproductive health and life safety. This court ruling gives hope for women to be better in the future. This decision is in accordance with the Purpose of Islamic law, to realize the benefit and keep away from damage.Artikel ini membahas tentang Putusan Mahkamah Konstutusi Nomor. 22/PUU-XV/2017  tentang Usia Perkawinan sebagai revisi terhadap Pasal 7 ayat 1( satu) undang-undang No. 1 tahun 1974 tentang batasan usia perkawinan. Pasal ini secara nyata membedakan  umur perkawinan bagi wanita dan laki-laki. Bagi wanita minimal 16 tahun dan bagi laki-laki 19 tahun.  Pembedaan ini merupakan diskriminasi terhadap hak-hak wanita sebagai warga negara dan tidak sesuai dengan prinsip kesamaan di depan hukum sebagimana yang disebutkan dalam pasal 27 ayat 1 UUD tahun 1945. diskriminasi ini berdampak sebagian wanita dikawinkan secara paksa pada umur di bawah 16 tahun, yang merugikan hak mendapatkan pendidikan, kesehatan reproduksi, dan keselamatan jiwa. putusan mahkamah ini memberikan harapan bagi wanita untuk lebih baik pada masa yang kan datang. hal ini sesaui dengan tujuan  dalam hukum Islam, merealisasikan kemaslahatan dan menjauhkan dari kerusakan.

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 Kajian Yuridis Terhadap Perkawinan dibawah Umur

2021 ◽  
Vol 2 (1) ◽  
pp. 88-101
Author(s):  
Jakobus Anakletus Rahajaan ◽  
Sarifa Niapele
Keyword(s):  
Research Methods ◽  
Judicial Review ◽  
Islamic Law ◽  
Human Life ◽  
Legal Research ◽  
Policy Makers ◽  
Adult Age ◽  
Minimum Age ◽  
Age Limit ◽  
Legal Marriage

 Abstract Conducted research related to underage marriage, namely in the form of a juridical review using normative legal research methods, which analyze the provisions of laws and regulations related to the minimum age limit for a person. who can be granted permission to carry out the marriage. The results of our research can be abstracted as follows: Marriage is a very important and even sacred event in human life. A legal marriage, the requirements, among others, must meet the principle of consensualism or agreement (agreement) of the parties, as stated in article 6 paragraph 1 of the Marriage Law which reads, "Marriage must be based on the consent of the two prospective brides". furthermore according to Article 7 paragraph 1 of Law no. 1 of 1974 as amended by Law No. 16 of 2019 which requires that a marriage is legal if allowed by the parents of the parties, if the man and woman have reached the age of 19 years. The provisions of the Compilation of Islamic Law (KHI), article 15 paragraph 1 have not been adjusted to the provisions of Article I of Law no. 16 of 2019 concerning amendments to Law no. 1 of 1974, article 7 paragraph 1, will remain a problem that has the potential to violate the law, namely underage marriage as a marriage which is considered illegal based on the provisions of Law No. 16 of 2019. For this reason, policy makers in this republic must be able to immediately uniform or To harmonize various regulations regarding the adult age limit of a child and in particular the minimum age limit for people who wish to marry, at least, the provisions of Article 15 paragraph 1 of the KHI must be immediately revised and adjusted to the provisions of Article I of Law No.16 of 2019 concerning amendments to Article 7 paragraph 1 of Law No.1 of 1974 concerning Marriage, so that the legal layman can more clearly understand the meaning of the latest statutory provisions regarding the minimum age of 19 years for the prospective bride. Keywords: Judicial Review, Marriage, Underage

scholarly journals The Potential of Geographical Indications (GI) to Enhance Sustainable Development Goals (SDGs) in Japan: Overview and Insights from Japan GI Mishima Potato

2021 ◽  
Vol 13 (2) ◽  
pp. 961
Author(s):  
Junko Kimura ◽  
Cyrille Rigolot
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
Potential Role ◽  
Social Issues ◽  
Point Of View ◽  
Geographical Indications ◽  
Certification System ◽  
Local Stakeholders ◽  
Development Goals ◽  
Common Agenda

Geographical indications (GIs) have recently become an important tool for Japanese agricultural policy, particularly after the adoption of a “sui generis” certification system in 2015. In the same year, the United Nations proposed a common agenda with 17 Sustainable Development Goals (SDGs). The present paper addresses the potential of GIs to enhance SDGs in Japan. First, we examine existing knowledge on GI inception, which consists in both government reports and research surveys. We show that these studies mostly focus on SDGs related to economic growth, and on social issues raised by the registration process. Then, as an exploration of potential impacts of GIs on the full set of SDGs, we study the case of Mishima Bareisho Potato GI, on the basis of interviews and participatory observation. From local stakeholders’ point of view, Mishima Potato GI can contribute to at least nine SDGs at all the production, transformation and commercialization stages. The SDG framework is useful to reveal some contributions seldomly considered in GI studies but which matter for local people, for example, the employment of disabled people or nutritional education. Finally, we discuss how these new insights can contribute to the debate on the potential role and limits of GIs for sustainable development in Japan.

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