PERKAWINAN USIA DINI: TINJAUAN ‘ILLAT AL-HUKM DAN MAQASID ASY-SYARI‘AH

MUHAMMAD RAFIQ, NIM. 08.3.695-BR/S3 (2015) PERKAWINAN USIA DINI: TINJAUAN ‘ILLAT AL-HUKM DAN MAQASID ASY-SYARI‘AH. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One of the problems that attracts scholars' attention in the discourse of fiqh Is marriage. Their attention is discussed in a specific topic called fiqh al-nikah. Lately, this topic has been faced with new problems that require continuous study in Order to answer a wide range of contemporary issues. One is the maturity age that allows one to get marriage. This invites deviation, especially among Muslims. In usul, there is a rule on 'Mat that determines the presence oflaw. Similarly, it applies for maqasid towards maslahah. This study was examining the early marriage in terms of age (PUD), aiming . explain the perception of PUD law according to international conventions, national laws and fatwa of scholars using an approach of usul jiqh and a theory of Mat al hukm and maqasid al-Syari'ah to reveal the urgency and relevance of early imirriage based on the conditions of development. This was a literature study using a qualitative-descriptive approach to look for ideas and solutions to problems in finding a new theory (theory reinforcement). The analysis was don.e through two stages. First was to describe the concept of early marriage and second was by verification to test concepts and theories appropriate to be applied in accordance with the present context in Indonesia. The research findings concerning the bulug criteria in holding a marri_age Were that the 'Mat was backed by a study that there were adverse impacts, in terms of the doers and the environment with Maqasid being sakinah. In some Muslim Countries, although the term 'Mat al-hukm or maqasid were not used, the conception of the age of 18 years as the age limit of maturity to choose a spouse (marriage) had differences in opinions: (l) there was no scientific evidence that showed the urgency of a correlation between being 18 years of age and maturity and 2) standard setting for certain age, ignoring the diversity of human development between one country to another. Based on this, the author saw the strength of the concept of Rusyd as introduced mainly by Imam Malik as a concept which marked the maturity physically, mentally and intellectually. With that concept, the maturity could be valid legally to refuse early marriage. As for the maqasid, it was a means guaranteeing the benefit of marriage (Jalb al-masalih) and aiming to avoid Zad Az-Zarai due to the marriage performed by a child who had not shown his/her Maturity in terms of psychic and physical readiness to perform sexual activity and• capability of performing his/her roles in the marriage . Early marriage occurs under the age of 18 years, although there are limits . set by law. Another limit is set for 16 years for women and 19 years for men. There is a difference in the age limit in marriage by the scholars in accordance with the principle ofjalb al-masalih and dar' al-mafasid. Based on this research, bulug or marriage done by a child who did not have the understanding and skills in performing the role in marriage had no problem .When seen from the Islamic law but had an impact on the family card (marriage law). This research was to map the problem of early marriage in Indonesia and find alternatives to solve the problem thoroughly.

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