The repository administrator has not yet configured an RDF license.
BATAS USIA MINIMUM PERNIKAHAN DALAM HUKUM ISLAM (PERBANDINGAN KEBIJAKAN DAN IMPLEMENTASI DI INDONESIA DAN MALAYSIA)
This research is motivated by differences in the regulation and implementation of the minimum marriage age between Indonesia and Malaysia, despite both countries sharing similar religious and cultural backgrounds. Indonesia, through Law Number 16 of 2019, has established a national minimum marriage age of 19 (nineteen) years for both men and women. In contrast, in Malaysia the regulation of the minimum marriage age is governed by the Islamic Family Law Enactments of each state, which still allow underage marriage through the permission of the Syariah Court. These differences raise legal questions regarding the effectiveness of minimum marriage age policies in both countries and their compatibility with the perspective of Maqasid al-Shariah. This research employs a library research method by examining primary legal materials, including statutory regulations in Indonesia and Malaysia as well as Islamic family law enactments in Malaysian states, supported by secondary materials such as relevant Islamic legal literature. The analysis is conducted using a descriptive-analytical method with a statutory approach to examine existing legal norms, a comparative approach to analyze differences between the two countries’ policies, and a conceptual approach to explore the underlying legal principles. The main focus of the analysis is directed at the differences in the regulation of the minimum marriage age, the mechanism of marriage dispensation, and their implementation in practice. The theoretical framework applied in this study includes Maqasid al-Shariah theory to assess the objectives of legal protection, and René David’s comparative law theory to understand the differences in legal systems that influence policy in both countries. The findings show that Indonesia applies a uniform minimum marriage age policy throughout the country, with the possibility of marriage dispensation decided by the Religious Court. In contrast, Malaysia implements different regulations in each state through its respective Islamic Family Law Enactments, granting the Syariah Court discretionary authority to permit underage marriages under certain considerations. From the perspective of Maqasid al-Shariah, the policies in both countries generally aim to protect lineage, safeguard life, and preserve intellect. However, in practice, the implementation of these regulations still faces social and cultural challenges. Furthermore, the dispensation mechanism may weaken the substantive protection of children if it is not accompanied by strict and consistent standards of judicial examination.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103050163 Arfan Hakim Bin Norhanizam
BATAS USIA MINIMUM PERNIKAHAN DALAM HUKUM ISLAM (PERBANDINGAN KEBIJAKAN DAN IMPLEMENTASI DI INDONESIA DAN MALAYSIA) (Text)
BATAS USIA MINIMUM PERNIKAHAN DALAM HUKUM ISLAM (PERBANDINGAN KEBIJAKAN DAN IMPLEMENTASI DI INDONESIA DAN MALAYSIA) (Other)
HTML Summary of #76488 BATAS USIA MINIMUM PERNIKAHAN DALAM HUKUM ISLAM (PERBANDINGAN KEBIJAKAN DAN IMPLEMENTASI DI INDONESIA DAN MALAYSIA)
346.01 Hukum Keluarga - Hukum Pernikahan