PERNIKAHAN USIA DINI DITINJAU DARI HUKUM ISLAM DAN HUKUM POSITIF

Abstract

The topic of early marriage is a contentious issue, as there are differing opinions on the rules surrounding it in both Islamic and positive law. While it is considered acceptable in religion, it is seen as a violation of the law. This highlights a difference between the two legal frameworks. To analyze this issue, the research method used involves examining literature and legal documents related to the topic, using a statute approach. The analysis reveals that positive law limits the age of marriage, but there are still exceptions for those who wish to marry before that age. In contrast, Islamic law does not have a minimum age limit. Still, it emphasizes the importance of mental, emotional, and physical maturity in marriage, considering the benefits to the household. Early marriage is not encouraged or supported by Islamic law, particularly if it disregards the well-being of children and the meaning of marriage. Ultimately, Islamic law prioritizes benefits and prohibits early marriage if it has the potential to cause harm.