Batas Usia Minimal Perkawinan Menurut Perspektif Hukum Positif di Indonesia dan Hukum Isla

  • Pirotu Saadah

Abstract

The level of maturity becomes a reference that a person can carry out marriage, and all the thoughts of society in general use age as a measure of the level of maturity, although basically, age is not a measure of one's maturity level. This study aims to determine the context of the minimum age limit for marriage according to a positive view of the law in Indonesia and the view of Islamic law and to determine the relevance of the context of the minimum age limit of marriage to the current context. This research uses descriptive analysis research method by using a qualitative approach that is describing and analyzing the phenomena and legal documents. The results of this study are the age limit of marriage according to positive law in Indonesia is 19 years, whereas according to Islamic law there is no age limit only until the age of baligh, and this rule is already relevant to current conditions. This research is expected to be able to make scientific contributions in the field of Islamic law and social institutions and is useful to provide an overview or initial guidelines for legal practitioners as a material for consideration in setting the minimum age of marriage that is adapted to current conditions, and also can be as study material for research next.

Published
Jun 30, 2020
How to Cite
SAADAH, Pirotu. Batas Usia Minimal Perkawinan Menurut Perspektif Hukum Positif di Indonesia dan Hukum Isla. Muttaqien: Indonesian Journal of Multidiciplinary Islamic Studies, [S.l.], v. 1, n. 1, p. 78-90, june 2020. ISSN 2723-5963. Available at: <http://e-jurnal.staimuttaqien.ac.id/index.php/mtq/article/view/36>. Date accessed: 30 sep. 2020.