Abstract
Article 7 paragraph (1) of Law No. 1 Year 1974 on Marriage determines marriage permitted if the man is 19 years old and female 16 years old. The age limit of marriage for 16-year-old women is considered an early age and is a problem. Child marriage in this paper is a marriage performed by men and women under the age of 18 years. It is able to cause divorce and obstruction of education. In addition to article 7 paragraph (1), child marriage is also due to pregnancy due to free sex (zina) of teenagers. According to Islamic Law, zina is an out-of-wedlock marriage committed deliberately and consciously by man and woman with their individual willingness, likes, without coercion. How is the protection of Article 7 paragraph (1) on child marriage and women under18 years old who commit zina in terms of Islamic Law? The method of research is normative-juridical and descriptive-qualitative, apply the theory ofmaqashid al-shari’a and neo receptio a contrario theory
Highlights
Article 7 paragraph (1) Law No 1 of 1974 concerning Marriage (Marriage Law) determines “Marriage is only permitted if the man has reached the age of 19 years and the woman has reached 16 years”
The Petitioners argued that Article 7 paragraph (1) determines the age limit of marriage for women 16 years is an early age caused a problem and child marriage
Child marriages are influenced by customs, local beliefs, and religion.They are(i) many customs cause girls to marry older men; (ii) the marriage is based on parents’ wishes; (iii) there is anxiety about pregnant out of wedlock; (iv) sexual intercourse nasaof marriage; (v)poverty;[2] and (vi) provision in Article 7 paragraph (1) of Marriage Law which determines the age limit for a woman is 16-year-old
Summary
Article 7 paragraph (1) Law No 1 of 1974 concerning Marriage (Marriage Law) determines “Marriage is only permitted if the man has reached the age of 19 years and the woman has reached 16 years”. The Petitioners argued that Article 7 paragraph (1) determines the age limit of marriage for women 16 years is an early age caused a problem and child marriage. They proposed an age limit of marriage for the woman is 19 years old. Child marriages are influenced by customs, local beliefs, and religion.They are(i) many customs cause girls to marry older men; (ii) the marriage is based on parents’ wishes; (iii) there is anxiety about pregnant out of wedlock; (iv) sexual intercourse nasaof marriage; (v)poverty;[2] and (vi) provision in Article 7 paragraph (1) of Marriage Law which determines the age limit for a woman is 16-year-old. Maqashid al-Syar’ah theory to preserve religion, life, mind, descent, wealth, and dignity is the main theory for analyzing data
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