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

scholarly journals Gender Equality: Challenges toward Efforts to Minimize Child Marriage in Indonesia during the Covid-19 Pandemic

2021 ◽  
Vol 10 ◽  
pp. 1555-1566
Author(s):  
Sonny Dewi Judiasih ◽  
Nyulistiowati Suryanti ◽  
Sudaryat Sudaryat ◽  
Deviana Yuanitasari
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Sharp Increase ◽  
Research Method ◽  
Child Marriage ◽  
Marriage Age ◽  
The World ◽  
Women And Girls ◽  
The Government ◽  
Age Of Marriage

The practice of child marriage in Indonesia is a serious problem that must be resolved. This is a problem faced in various countries in the world. The SDG's programs include achieving gender equality and empowering women and girls, with a target to achieve the abolition of child marriage by 2030. The research method used is a social-legal approach. The purpose of this study is to find out the government's efforts in overcoming the problem of gender inequality in the age requirements for marriage in Indonesia and the application for dispensation for marriage during the Covid-19 pandemic in Indonesia. The old Marriage Law stipulates that the age of marriage for men is 19 years and for women 16 years. The government then changed this provision through Law Number 16 of 2019 concerning Marriage, in which the marriage age for men and women is the same, which is 19 years. During the Covid-19 pandemic, applications for marriage dispensation in Indonesia indicated a sharp increase. This means that the application for marriage dispensation is unaffected by the Covid-19 pandemic situation. The existence of exceptions through dispensation efforts makes the requirements for the age of marriage can still be deviated, so that gender equality, which is expected to minimize child marriages above, cannot be realized or cannot be carried out as desired.

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.

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 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 Konsep Pendidikan Islam Menurut Ibnu Sina dan Ibnu Qayyim Al Jauziyyah

ISLAMIKA ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 134-148
Author(s):  
Ansari Ansari ◽  
Ahmad Qomarudin
Keyword(s):  
Research Method ◽  
Islamic Education ◽  
International Level ◽  
Ibn Sina ◽  
Muslim Countries ◽  
The World ◽  
Relevant Reference ◽  
Data Collection Technique ◽  
Children’S Thinking

This study aims to describe the concept of Islamic education thought by Ibn Sina and Ibn Qayyim Al-Jauziyyah. The development of Islamic education thinking is important to improve and develop the quality of Islamic education in schools so that they can compete at the international level. The research method is descriptive qualitative and the data collection technique is a library study. The results of this study illustrate that there are fundamental differences from the concept of Islamic education thought both initiated by Ibn Sina and Ibn Qayyim, Ibn Sina's own thoughts are more inclined to the application of knowledge that is adapted to the age level of the child, while Ibn Qayyim's thinking is more inclined to inculcating values ​​of faith and the use of reason to develop children's thinking horizons. However, the thoughts of the two Muslim figures can still be used as a relevant reference in developing Islamic education in Muslim countries around the world, one of which is in Indonesia.

Defining Girlhood in India

2019 ◽  
Author(s):  
Ashwini Tambe
Keyword(s):  
Legal History ◽  
Population Control ◽  
Well Being ◽  
Early Marriage ◽  
Child Marriage ◽  
Marriage Age ◽  
The World ◽  
National Reputation ◽  
Sexual Choices ◽  
Age Of Marriage

At what age do girls gain the maturity to make sexual choices? This question provokes especially vexed debates in India, where early marriage is a widespread practice. India has served as a focal problem site in NGO campaigns and intergovernmental conferences setting age standards for sexual maturity. Over the last century, the country shifted the legal age of marriage from twelve, among the lowest in the world, to eighteen, at the high end of the global spectrum. Ashwini Tambe illuminates the ideas that shaped such shifts: how the concept of adolescence as a sheltered phase led to delaying both marriage and legal adulthood; how the imperative of population control influenced laws on marriage age; and how imperial moral hierarchies between nations provoked defensive postures within India. Tambe's transnational feminist approach to legal history shows how intergovernmental debates influenced Indian laws and how expert discourses in India changed UN terminology about girls. Ultimately, the well-meaning focus on child marriage became tethered less to the well-being of girls themselves and more to parents' interests, population control targets, and the preservation of national reputation.

scholarly journals Pro and Cons Contestation on The Increase of Marriage Age in Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 232
Author(s):  
Umi Supraptiningsih
Keyword(s):  
Islamic Law ◽  
Dropping Out ◽  
Marriage Age ◽  
Community Culture ◽  
Legal Norms ◽  
Minimum Age ◽  
Pros And Cons ◽  
The Individual ◽  
Age Of Marriage ◽  
Religious Courts

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.

scholarly journals Covid-19 dalam Perjalanan Akhir Zaman: Sebab, Dampak dan Anjuran Syariat dalam Menghadapinya

2020 ◽  
Vol 1 (2) ◽  
pp. 137-155
Author(s):  
Mukran H. Usman ◽  
Aswar Aswar ◽  
Zulfiah Sam
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Human Life ◽  
Human Being ◽  
Islamic Country ◽  
The Earth ◽  
Library Research ◽  
Or Groups ◽  
The World ◽  
The City

Rasulullah saw. had informed muslims about the occurrences that will befall mankind on their way to the end of time, including the evil disasters that will hit the earth, kill, and destroy the human being. As a muslim, there is no word except that we believe in the occurrences and phases of the journey towards the end of the time. This study aimed to explain one of the occurrences of the journey towards the end of time that befall the world and mankind today, which is one of the deadly infectious outbreaks so-called coronavirus or covid-19, which has destroyed many people, imprisoned people in cities and countries, and caused various disasters and havocs as the result of the outbreak. The research method used was library research which was through a literature review related to the research. The results showed that the information of the journey towards the end of time would appear one by one in the range of human life, how they live, so thus Allah swt. shows them the meaning of the age they lived in. The worse human life is, the more Allah swt. show the badness of that era to the point where it is rampant engulfing the world and mankind, even though among those times are pious people, whether in an Islamic country or groups. Muslims are encouraged to follow the Shari'a when an epidemic strikes a country, namely: 1) not entering a country affected by disaster; 2) close the container where the water is; 3) pray a lot and recite; and 4) living in the city of Medina; stay indoors. Finally, the effects of the plague at the end of time are: 1) the number of sudden deaths; and 2) humans are isolated.

scholarly journals Exceptional Circumstances of Lowering the Minimum Age of Marriage: Types, the Criterion of Respect, and Problems of Regulation

2021 ◽  
Vol 16 (2) ◽  
pp. 47-54
Author(s):  
Е. Е. Lekanova
Keyword(s):  
Criminal Code ◽  
Child Marriage ◽  
Marriage Age ◽  
Minimum Age ◽  
Minor Children ◽  
The Russian Federation ◽  
Life Circumstances ◽  
A Minor ◽  
Age Of Marriage ◽  
Legal Consequences

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.

scholarly journals POLICY OF LIMITATION OF MARRIAGE MINIMUM AGE ON MARRIAGE LAW REVISION BASED ON SOCIOLOGICAL AND ANTHROPOLOGICAL APPROACHES

2021 ◽  
Vol 6 (1) ◽  
pp. 123-138
Author(s):  
Robiatul Adawiyah ◽  
Esmi Warassih Pudjirahayu
Keyword(s):  
Research Method ◽  
Research Purpose ◽  
Marriage Law ◽  
Legal Research ◽  
Marriage Age ◽  
Minimum Age ◽  
The Government ◽  
The Right

The policy of limitation of marriage minimum age is regulated by the government through the Marriage Law and have been revised. The struggle to determine the marriage minimum age has basically been debated for quite a long and time even each country determines these limits differently depending on problem needs and social realities that develop in the community. Therefore, this research is very important to do based on a sociological and anthropological approaches. The research purpose is to analisyst the minimum marriage age policy in the Marriage Law revision based on a sociological and anthropological approaches. The research method used socio-legal research. According to research, the minimum marriage age policy on the revision of the Marriage Law based on a sociological and anthropological approaches is not support the new norm and difficult to be effective and even cause a new impact, which is increasing marriage dispensation, depriving the right to continue marriage, and being criminogen factor.

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