TRANSFORMASI KETENTUAN USIA PERNIKAHAN DALAM PEMBARUAN HUKUM KELUARGA DI WILAYAH MAGHRIBI (Studi Perbandingan di Tunisia, Maroko dan Aljazair)

Nur Fadhilah Novianti, NIM.: 22203011063 (2024) TRANSFORMASI KETENTUAN USIA PERNIKAHAN DALAM PEMBARUAN HUKUM KELUARGA DI WILAYAH MAGHRIBI (Studi Perbandingan di Tunisia, Maroko dan Aljazair). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The transformation and formulation of the rules of Family Law became an emerging phenomenon in the 20th century in the course and evolution of family law in many Islamic countries. This study investigates the transformation of the age of marriage provision in the context of family law reform in Tunisia, Morocco, and Algeria. The provision of marriage age is the main focus of this study because it has a similar historical background in family law reform, especially in protecting the rights of women and children and in achieving sustainable development goals. The type of research in this study is qualitative-historical which aims to present a picture of the past in an organized and objective manner. The nature of this study is descriptive-comparative, which will explore the issues to be studied and will be compared. The theory used in this study is the theory of Comparative Law. Macro or vertical legal comparison, aims to see the involvement of actors in the renewal of age, followed by micro (horizontal) legal comparison, aims to trace the background that causes feminism to reform the age of marriage in Tunisia, Morocco and Algeria, to answer this, this study uses feminist legal theory as an analytical knife to find out the reasons for the difference in the determination of the age of marriage in the three countries. The study tracked legal changes that occurred over time, including family law amendments or reforms related to the age of marriage. Thus, comparative legal and feminist legal as a research approach. Data collection techniques used are Library studies or library research. The results of this study indicate that amendments have been made to the provisions of the age of marriage in Tunisia and Morocco to 18 years and Algeria 19 years, in the transformation of the rule of family law in these three countries are equally influenced by the involvement of actors in the renewal of family law (feminism) and using the extra-doctrinal reform method which has entered a new understanding that respects women, then influenced by issues of gender equality and human rights, as well as adopting the method of reinterpretation of naş or ijtihād. Feminist reform aims to dismantle patriarchy, raise awareness of the importance of gender equality and highlight the dangers of child marriage. Then, the reason for the difference in the age of marriage provisions in Algeria with Tunisia and Morocco is because Algeria adapts to the provisions in force in its Civil Code.

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