Underage Marriage According To Conventional Law And Islamic Law

Abstract

Child marriage remains a common problem in Indonesia and has various consequences in the legal, social, educational, and protection of children's rights sectors. The occurrence of early marriage is generally influenced by several factors, including family economic conditions and low levels of education, cultural traditions that develop in society, and the influence of the social environment. This phenomenon encourages the need for an in-depth study of the status and regulation of underage marriage from a national legal perspective, including Islamic law. This study aims to examine the regulation of early marriage according to conventional law and Islamic law, while also comparing the similarities and differences between the two. This study applies a normative juridical method by combining several approaches, namely the statutory regulatory approach, a conceptual approach, and a comparative approach. Data collection was conducted through a literature review by reviewing various sources, such as applicable legal regulations, reference books, scientific articles, and Islamic legal literature relevant to the focus of this study. This study found that Indonesian national law regulates the minimum age for marriage through Law Number 16 of 2019, which is 19 years for both men and women. These provisions are established as a more effective form of protection for children and to mitigate the various risks that can arise from marriage at an age that has not yet reached maturity. Meanwhile, Islamic law does not stipulate a fixed age for marriage. Determining eligibility for marriage is more focused on achieving puberty and rusyd, which reflect physical and mental maturity and readiness to shoulder the responsibilities of married life. Despite differences in determining the minimum age for marriage, both conventional and Islamic law fundamentally share the same orientation: building a harmonious family, maintaining the continuity of the family line, and protecting the interests of children and all family members. Therefore, the regulation of the minimum age for marriage in national law can be understood as a form of legal ijtihad aimed at achieving public welfare while simultaneously aligning with the basic principles of Islamic law.