Rethinking the Minimum Age of Marriage Law in Indonesia: Insights from Muḥammad ‘Ābid al-Jābirī’s Epistemology (original) (raw)

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

Hanifiya: Jurnal Studi Agama-Agama, 2021

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 Firs...

Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia

De Jure: Jurnal Hukum dan Syar'iah

Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.

Islamic triangle concept of marital age: Indonesian experience

2021

Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three p...

RECONSIDERING THE MARRIAGE AGES IN INDONESIA

Al-'Adalah: Jurnal Hukum Islam, 2014

Abstrak: Meninjau Ulang Batas Usia Perkawinan di Indonesia. Dalam UU Perkawinan No 1/1974 pemerintah telah menetapkan batasan umur bagi calon suami sekurang-kurangnya 19 tahun dan calon isteri sekurang-kurangnya 16 tahun. Namun pernikahan dini atau pernikahan di bawah umur masih kerap terjadi di Indonesia dengan Sunnah fi'liyyah Rasulullah yang menikahi 'Âisyah sebagai dalih yang digunakan para pelakunya. Diperlukan semangat dan keberanian dari para pembuat kebijakan untuk merevisi aturan tentang batas minimal usia perkawinan serta peninjauan kembali tentang aturan umur pengantin tersebut, termasuk melakukan kajian ulang terhadap Sunah di atas. Hal tersebut menjadi penting karena hak anak adalah bagian dari hak asasi manusia yang wajib dijamin, dilindungi, dan dipenuhi oleh orang tua, keluarga, masyarakat dan pemerintah. Abstract: Reconsidering the Age of Marriage in Indonesia. The Government has made the rule about age of marriage, namely the male must be at least 19 years old and the female must be at least 16 years old. Nevertheless, early marriages or under-age mariages are still common in Indonesia since people reffer to the prophet's Sunnah fi'liyyah who was married to 'Âisyah. Passion and courage from policy makers to revise the rule of minimum marriage age are required to revise that rule and reviewing the Sunnah is also imperative. It is important because the right of children is a part of human rights that must be guaranteed, protected, and filled by parents, family, society and government.

Judges' perspectives on changes in the legal minimum age at marriage in Indonesia

Journal of Family Studies, 2024

The new Marriage Act in Indonesia amended the minimum age for marriage for both women and men to 19 years old. Previous studies were dominated by factors that cause or result from Underage Marriage (UM). It is also important to know the perspective of the judges, who have an important role in the UM dispensation process. This study aims to explore the judges' perspective when considering age changes in the Marriage Act and the ideal age for marriage. This study uses descriptive qualitative and deductive thematic analysis techniques. Data were collected through a purposive sampling technique and semi-structured interviews with 27 Islamic Court judges. There are five perspectives in responding to age limit changes; agreeing with 19 years old, returning to the old act, increasing the age limit to over 19 years old, giving different age limits for men and women, and considering that age does not affect readiness to marry. These perspectives also determine the ideal age for marriage based on several factors. The judges identified key factors indicating a person's readiness to marry, including psychological maturity, physical and reproductive health, economic stability, educational attainment, and adherence to cultural and religious norms. Additionally, the persistence of underage marriage in Indonesia is attributed to poverty, lack of education, cultural practices like dowry, and societal pressure, particularly in rural areas.

Philosophical Review of Materialism and Idealism Limits of Wedding Age in Indonesia; Study of Article 7 Paragraph (1) of Law 16 of 2019 jo. Law 1 of 1974 concerning Marriage

2021

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 Indones...

The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law

2019

This article discusses the changes in the minimum age for marriage as regulated in Law Number 1 of 1974 concerning marriage, which was later amended by Law No. 16 of 2019 on the same topic. In Law no. 1/1974, the minimum age for marriage for the prospective groom and bride is differentiated in which for the prospective groom the minimum age for marriage is 19 years while for the bride is 16 years. This kind of distinction was later removed by Law No. 16 of 2019 which stipulates the minimum age for marriage for the prospective groom and bride to be the same, namely 19 years. This change in minimum limits is really important as it can have positive effects, especially for women, as they can be physically and psychologically ready to become a wife as well as a mother for their children. Indeed, physical and mental maturity for someone intending to get married is important. This is also following the principles of Islamic Law which view that marriage requires physical and spiritual read...

The Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach

Jurnal Ilmiah Al-Syir'ah

This paper discusses how the current social history of Islamic law in the Southeast Asian region relates to the minimum age of marriage. Then also, it will be examined how socio-cultural and socio-political influences surround the change in the provisions of the minimum age of marriage in the two countries. This normative legal research focused on studying legal history using the social history approach of Islamic law. Data is analyzed with qualitative methods. The results showed a change in the age of marriage in Indonesia, from 19 years for men and 16 years for women to 19 years for both men and women. While in Malaysia, most states have not changed the minimum age of marriage, remaining at 18 years old for men and 16 years for women. The change in the age of marriage occurs in the state of Selangor alone, which determines the marriage age limit is 18 years for men and women. The difference in terms of the marriage age limit in these two countries is strongly influenced by the soc...

The Manipulation of Religion and The Legalization of Underage Marriages in Indonesia

Samarah: Jurnal Hukum Keluarga dan Hukum Islam

Cases of underage marriage have continued to increase, supported by religious law, and accepted by Indonesian Muslims. To analyze this phenomenon, this study used a qualitative descriptive approach. Data were collected through observations, interviews, and reviews of religious texts or references, this article explores the correlation between underage marriage and the naskh (abrogation) of the Qur'an and Hadiths. It shows that this exegetical approach has helped perpetuate the practice of underage marriage, as it not only promotes a partial and purely textual understanding of Islam's teachings regarding marriage but is also easily manipulated to promote certain views, as a form of religious manipulation of underage marriages. As a result, marriage is taught and understood from a purely doctrinal perspective, without considering the health and wellbeing of the married couple. Instead, this study recommends using an integrated approach that continuously strives to prevent unde...

THE PROBLEM OF LIBERALIZING ISLAMIC MARRIAGE LAW IN INDONESIA : The Perspective of Science Philosophy

AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan, 2020

The phenomenon of liberalism on Islamic marriage law in Indonesia often creates social problems. Therefore, it is important to understand understanding and wise attitudes towards the phenomenon within the framework of the scientific paradigm. This research aims to understand various forms of liberalism on Islamic marriage law in Indonesia in the perspective of the philosophy of Science. This research is a qualitative research in the form of literature review. The type of legal research in this study is philosophical normative legal research. The research data used is various research on liberalism on the law of Islamic marriage in the Compilation of Islamic Law (KHI). Meanwhile, the theory used as a knife of analysis is the theory of the scientific revolution of Thomas Samuel Kuhn. This study concludes that liberalism on Islamic marriage law in Indonesia is a form of paradigm shift over the construction of legal thinking in various KHI articles that are considered to have experience...