Reactualization of the Marriage Age Limit in Indonesia (in the Perspective of Maslahah Mursalah)

Law is a structure that regulates the pattern of society to form a culture. The Islamic family culture in Indonesia is strongly influenced by the prevailing family law structure which includes marriage and divorce. This is regulated in the structural system of laws regarding marriage, namely Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning Changes in the Minimum Age of Marriage for Women. Articles which for some people believe have not accommodated the interests of all parties and have not met the times, so that this Law is felt by some women activists to be discriminatory which tends to reap injustice. Among the articles that are considered controversial, namely the Minimum Age for Marriage. study on the actualization of Indonesian Marriage Age Limits uses a qualitative descriptive method by using a literature study, so that the findings are that Law Number 1 of 1974 concerning Marriage which was amended by Law No. 1 of 2019 especially related to Article 7 concerning the age limit is already in line with and accommodate the interests of citizens, In the Qur’an and Hadith there is no mention of age limits but mentions “baligh” and “able” as a benchmark in the permissibility of marriage, Jumhur scholars accept Maslahah Mursalah as one of the reasons in establishing sharia law, but in the application and placement of conditions they have different opinions

The objectives of this study are to: 1)What is the background of the change in Article 7 paragraph (1) of Law Number 1 of 1974 to Law Number 16 of 2019, 2) how does Maqashid al-Syari'ah review changes to Article 7 paragraph (1) of Law Number 1 Year 1974 became Law Number 16 of 2019. In answering these problems, the researchers used the syar'i normative method. This study uses a library research method. Furthermore, the data collection method that the writer uses is direct cutifan, namely the researcher directs a person's opinion or writing according to the original without changing it and indirect quotations, namely quoting other people's writings, data and opinions by formulating with a new arrangement, but with the same intention. The results of this study indicate that the minimum age limit of marriage in Article 7 paragraph (1) of the Marriage Law has changed quite well which is in Law no. 1 of 1974 put a minimum age of marriage, namely 16 years for women and 19 years for men, is currently being amended in Article 7 paragraph 1, where the minimum age of marriage for women and men is at the same level, namely at least 19 years to be able to get married. In the review of maqashid al-sharia, the minimum limit in marriage is not explicitly regulated, but as long as it concerns the benefit of the ummah, it can be used in the administration of marriage. The implications of this study regarding changes in the minimum age limit for marriage in Article 7 paragraph 1 of the Marriage Law are expected to be able to be implemented properly by parties, both organizers, parents and men and women, should pay attention to various aspects before carrying out a marriage so that the marriage dreams can come true and do not end in an unwanted divorce.KeyWords: Constitution, marriage, Maqashid Al-Syari’ah

Child marriage remains a prevalent issue in many regions, including Indonesia. This practice is associated with significant adverse outcomes, such as interrupted education, elevated maternal morbidity and mortality rates, and prolonged the cycle of poverty. Synchronous learning can foster critical thinking, enabling audience to challenge harmful social norms and traditions that perpetuate child marriage. Thus, to this study aims to improve knowledge about child marriage among residents of Tanjungan Village, Mojokerto, through synchronous learning interventions. By employing a mixed-methods research design, a survey and interview following a synchronous learning from six experts on child marriage, the study explores the current understanding of respondents' knowledge of the minimum marriage age, the effects of child marriage, and evaluates the effectiveness of synchronous learning programs in enhancing knowledge towards delaying marriage. Sixty-five adolescents and adults from Tanjungan Village, Mojokerto District, East Java, participated in synchronous learning on regulation of child marriage and its consequences. A questionnaire is distributed to assess their knowledge of government regulations on the minimum age of marriage, minimum and maximum age of marriage, and age disparity during marriage before and after the activity followed by interviews with five participants, whom willing to be interviewed, to further explore their understanding of child marriage. The results show an increase in knowledge of the legal age for marriage (from 89.23% to 100%), with females demonstrating a higher level of understanding of this regulation. Interestingly, after the intervention, respondents' understanding of the maximum age limit for marriage varied more, with the majority suggesting ages between 21 and 26. These findings suggest that direct learning interventions can be effective in increasing awareness about child marriage, particularly regarding legal age limits. However, further research is needed to explore the long-term impact of these interventions and to develop strategies to address the underlying social and cultural factors that contribute to child marriage.

In principle, the limitation of age of marriage for citizens is intended so that the couple who are getting married are expected to have adequate maturity in thinking, maturity of mental and physical strength. The minimum age limit for marriage has been regulated in statutory regulations and the Compilation of Islamic Laws, however, there are still inequalities with the stipulated age limit. The inception of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage stipulates that the minimum age of marriage for women is equal to the minimum age of marriage for men, which is 19 (nineteen) years. It is hoped that the implementation of this provision will be an answer to public unrest. This research is a normative juridical legal research conducted by examining library materials or primary legal materials. The research specification used in this study is a descriptive analytical method that is related to the equality of age limit of marriage in the perspective of Islamic law, then the conclusion is drawn using the deductive method where the regulation regarding the minimum age limit of marriage in Law Number 16 of 2019 concerning Amendments to the Law Law Number 1 of 1974 concerning Marriage, can also be considered good and safe because it has exceeded the age limit of adulthood by Islamic jurists and does not conflict with Indonesian law and human rights and can realize the goal of marriage properly without ending in divorce and procreation healthy and high quality.

The age limit for marriage in Indonesia is regulated in Law Number 1 of 2019, stating that men and women are allowed to marry with a minimum age of 19 years. Then those who are less than 19 years old can apply for a marriage dispensation which is submitted to the Religious Court following the applicant's jurisdiction. Marriage dispensation in Indonesia has not yet responded to child protection, so it is still found that the age is below the age of the child whose application is granted. Departing from the arguments above, in this study will discuss the policy of marriage dispensation to protect children (Evaluation of Article 7 Paragraph (2) of Law No.-Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage)This research is a type of library research. This research is descriptive-analytical. The primary data in this study are the Qur'an, Hadith, the 1945 Constitution, Law Number 1 of 1974 concerning Marriage, Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, INPRES No.1/1991 on the Compilation of Islamic Law (KHI), Law No. 35/2014 on Child Protection, and a decision on marriage dispensation from the Lampung Provincial Religious Court. Using three theories of maslahah mursalah, the data analysis in this study uses deductive thinking techniques, then the author makes data analysis with qualitative analysis. Research results, regulations regarding the age limit for marriage as regulated in Law Number 16 of 2019, that the minimum age for marriage is 19 years for men and women. This has referred to the law on human rights and the law on child protection. About the granting of marriage dispensation in Indonesia, there is still no clarity written in the law. The marriage law in Indonesia adheres to the principle of maturity in marriage, meaning that everyone who carries out marriage must have maturity in terms of mental and psychological. It can be concluded that the policy regarding the age limit for marriage and dispensation for marriage in Indonesia correlates with Law no. 23 of 2002 concerning Child Protection, Law No. 39 of 1999 on Human Rights, and decisions from the world child protection agency UNICEF. In the review of mashlahah mursalah, This means that every person who carries out marriage must have maturity in terms of mental and psychological. It can be concluded that the policy regarding the age limit for marriage and dispensation for marriage in Indonesia correlates with Law no. 23 of 2002 concerning Child Protection, Law No. 39 of 1999 on Human Rights, and decisions from the world child protection agency UNICEF. In the review of mashlahah mursalah, This means that every person who carries out marriage must have maturity in terms of mental and psychological. It can be concluded that the policy regarding the age limit for marriage and dispensation for marriage in Indonesia correlates with Law no. 23 of 2002 concerning Child Protection, Law No. 39 of 1999 on Human Rights, and decisions from the world child protection agency UNICEF. In the review of mashlahah mursalah,If the granting of the dispensation is regulated at least 18 years of age, to mature the child in terms of education and maturity in terms of mental and psychological health, then this will lead to more benefit in it.

Regulations regarding the minimum age for marriage in Indonesia have basically gone through a long history and dynamics starting from the pre-Dutch Colonial government until the New Order era when Law Number 1 of 1974 concerning Marriage was born and was most recently revised into Law Number 16 of 2019 concerning Amendments. Based on Law Number 1 of 1974 concerning Marriage. This research discusses two problem formulations, First, how is the minimum age limit for marriage regulated before the Constitutional Court Decision Number 22/PUU-XV/2017?, Second, what are the legal politics of the minimum age limit for marriage after the Constitutional Court Decision Number 22/PUU-XV/2017 ? To be able to discuss this problem, a normative juridical research method with a historical and statutory approach is used, where the data source used is a secondary data source. From the research and discussions that have been carried out, the following results were obtained: First, the history of setting the minimum age limit for marriage in Indonesia has started since pre-Dutch Colonial times where at that time the applicable marriage law was the respective religious law which was then enforced during the Dutch occupation. Classification is based on ethnicity and each group has its own rules. In the old order era, Law Number 22 of 1946 concerning Marriage Registration, Divorce and Reconciliation (hereinafter referred to as NTR) was born, in the new order era Law Number 1 of 1974 concerning Marriage was born, which was followed by its first revision in the reform era to become Law. Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Second, the will (political will) of the state authorities is a determining factor in where the law will be directed, including in the issue of determining the minimum age limit for marriage. This can be seen from the development of marriage law in Indonesia starting from the Dutch colonial period, the post-independence period, and the New Order period where marriage law experienced a very strong influence from the interests of the authorities.

Law Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage raise the minimum age for marriage for both men and women to be 19 years old. This was not just an equalization of the minimum age for men and women, but there were government legal politics to improve the quality of Indonesian marriages. The focus of this research was a review of the problems of the legal politics of the minimum age limit for marriage in Law Number 16 of 2019? This study concludes that the legal politics of determining the minimum age for marriage in Indonesia in the Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage with the principles of equality and justice; non-discrimination; the state's obligation to actively protect and ensure the fulfillment of human rights and freedoms; the best interests of the child; the right to life which guarantees that every child has the right to live, develop and carry on their lives and the state was obliged to guarantee it and fulfill the rights of the child, respect for the opinion of the child; orderly and legally certainty; in line with maslahah which was the goal of Islamic law related to maintaining offspring (hifz an-nasl).

Liberalism and Married Women’s Property Rights in Nineteenth-Century Latin America

This research focuses on discussing changes in the minimum age for marriage as stipulated in Law Number 16 of 2019 as an amendment to Law Number 1 of 1974 concerning marriage. The new Marriage Law changes the minimum marriage limit for men and women who will marry at least 19 years of age, previously the marriage limit for men is 19 years old and for women is 16 years old. This research seeks to find the pros and cons of legalizing the minimum age limit for marriage according to the views of the staff of the marriage register at the Office of Religious Affairs (KUA) in Yogyakarta who were non-randomly selected. The results of this research indicate that the process of changing the age limit of marriage does not see the pros and cons in society. Most importantly, the enactment of this law can hurt women, so that the purpose of reforming Islamic family law can realize legal unification by the times.

Early marriage socially will be the subject of discussion among teenagers and the community. Early marriage can result in teenagers dropping out of school so they lose the opportunity to study as a provision for the future. The life experience of those under 20 years old is usually not stable, if a woman at a young age of marriage becomes mentally unstable, then the fetus she contains will become an unwanted child. 2013). According to the United Nations Development Economic and Social Affairs, Indonesia was the 37th country with the highest number of early marriages in the world in 2007. For the ASEAN level, the rate of early marriage in Indonesia ranks second after Cambodia. group aged 10-14 years who are married, 1% have given birth to live children, 1% are divorced. Meanwhile, the incidence of young marriage in the group of adolescents aged 15-19 years who live in rural areas is 3.53% compared to 2.81% for urban adolescents (Zuraidah, 2016). From the point of view of obstetrical health, pregnancy at a young age poses the risk of complications that may occur to mother and child such as anemia, preeclampsia, eclampsia, abortion, premature labor, perinatal death, bleeding and obstetric surgery are more frequent than pregnancies in the age group of 20 years and over. . The World Health Organization (WHO) in 2015. stated that the MMR in the world is 216/100,000 KH, and in several countries including America 52/100,000 KH, Europe 16/100,000 KH while in Southeast Asia the mortality rate is still far different from some other countries, namely 164 /100,000 KH, covering Sri Lanka 30/100,000 KH, Thailand 20/100,000 KH and in Indonesia the MMR reached 126/100,000 KH, this figure is still far from the 2015 MDGs target of 102/100,000 KH. MMR is the main focus to reduce the percentage. lower the percentage. In 2018 in East Nusa Tenggara the maternal mortality rate was 142 cases. Meanwhile, maternal mortality in Southwest Sumba district reached 5 people (NTT Health Office, 2018). The number of infant mortality cases decreased from 33,278 in 2015 to 32,007 in 2016, and in 2017 there were 10,294 cases (Kemenkes RI, 2017). Infant mortality can result from a lack of awareness of maternal health. Many factors influence it, including mothers rarely checking their pregnancy with health workers, pregnant at a young age, the distance is too narrow, lack of nutritional intake for the mother and baby so that it can affect the incidence of LBW (Puspaningtyas et al, 2014). In 2012, the World Health Organization (WHO) reported the incidence of LBW in the world in the range of 2005-2010 was 15%. In South-East Asia the incidence of LBW reaches 24% and the highest is in India with a percentage of 28%. In Indonesia, according to the results of the Regional Health Research (Rikesdas) in 2013 it was stated that the percentage of LBW was 22.4% in East Nusa Tenggara (Dinkes Prov NTT 2018). Based on statistical data from the World Health Organization (WHO) in 2014, it showed that as many as 16 million births occurred to mothers aged 15-19 years or 11% of all births in the world, the majority (95%) occurring in developing countries. In Latin America and the Caribbean 29% of young women are married when they are 18 years old. The highest prevalence of early marriage cases in the world is in Nigeria (79%), Congo (74%), Afghanistan (54%), and Bangladesh (51%) (Ekawati, 2017). Talking about marriage, humans certainly need not only material and physical preparation, but also mental preparation. Related to this, there is a minimum age limit for a person to get married and this has been regulated in the Marriage Law of 1974 chapter II article 7 paragraph 1. In the article it is explained that marriage is only permitted if the man reaches the age of 19 years and the woman has reached the age of 16 years. Normal changes in Law No. 1 of 1974 concerning marriage reach the age limit for marriage, the improvement of norms reaches by increasing the minimum age for marriage for women. In this case, the minimum age for marriage for women is the same as the minimum marriage age for men which is 19 (nineteen) years. The said age limit is considered to have matured in mind and body to be able to carry out a marriage in order to realize the purpose of marriage properly without ending in divorce and obtaining healthy and quality offspring. It is also hoped that an increase in the age limit higher than 16 (sixteen) years for women to marry will result in a lower birth rate and reduce the risk of maternal and child mortality. In addition, the rights of children can be fulfilled so that they optimize. Based on the formulation of the problem above, the research objectives in this study are as follows. To find out and conclude the factors that cause early marriage for women in Waimakaha Village, Kodi Balaghar District, Southwest Sumba Regency. To find out and conclude the impact of early marriage on women in Waimakaha Village, Kodi Balaghar District, Southwest Sumba Regency.

This paper reviews the dynamics of age limits in marriage. The purpose of the research regarding the historicity of the formation of Law No. 1 of 1974 concerning Marriage, the age limit of marriage according to the Qur'an, hadith and ulamamadzhab, the concept of maturity to carry out marriage according to Law No. 1 of 1974 and review the child protection law against the provisions of Law No. 1 of 1974 concerning the Minimum Age for Marriage. This research method uses a qualitative method that is a literature study, this is related to things that focus on the problem of the ideal limit of marriage. The results found are inconsistencies in the marriage age limit in the legislation, where in Article 7 paragraph (1) of Law Number 1 of 1974 concerning marriage it is stated that the maturity of a child is if a man is 21 years old and a woman is 18 years old year. In Article 7 paragraph (1) of Law No. 1 of 1974 concerning marriage it is stated that marriage is only permitted if men have reached the age of 19 years and women have reached the age of 16 years.

Child marriage is a strong social custom, particularly for girls in Bangladesh. There are many reasons for child marriage. But most vital reasons among them are poverty, superstition, lack of social security and lack of awareness. According to UNICEF report, 'the State of the World's Children, 2009', "Early marriage is pervasive in Bangladesh, with 64 percent of girls married before age 18. Early pregnancy often results from child marriage; one-third of girls aged 15 to 19 in Bangladesh are currently either mothers or pregnant." Although child marriage is prohibited legally, but occurrences of child marriage are still happening in rural areas of Bangladesh. According to the Child Marriage Restraint Act, 1929 the minimum legal age for marriage is 18 years for females in Bangladesh. Along with this Act child marriage is punishable by law. The right to free and full consent to a marriage is recognized in the 1948 Universal Declaration of Human Rights (UDHR) and in many subsequent human rights instruments – consent that cannot be 'free and full' when at least one partner is very immature. Bangladesh also acceded to the UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages on 5 October, 1998. These laws, however, have little impact on the frequency of child marriage in Bangladesh. Laws should be enforced to discourage child marriage; however, legal actors alone are insufficient. Social awareness programmes may also be effective in deterring child marriage. To prevent child marriage, a wide range of individuals and organizations need to create awareness among people, particularly the poor. Especially, parents and government can play main role in reducing child marriage. An environment should be ensured where children get proper care and facility to grow up completely and properly. This paper attempts to present the socio-economic and physical consequences of girl child marriage and its legal protection with awareness level of parents in rural Bangladesh. Key words: Child marriage, consequence, law, awareness. &nbsp

This research broadly wants to answer three problem formulations. First, the minimum age requirement for marriage. Second, the minimum age requirement for marriage in law number 19 of 2019. Third, the perspective of Maqasid al-Shari'ah Abdul Majid al-Najjar is the minimum age limit for marriage. By using the theory of Maqasid al-Shari'ah Abdul Majid al-Najjarr so that the right solution will be found regarding the problem within the minimum age limit of marriage. The results of this study indicate that the minimum age limit for marriage, which is 19 years for both men and women, is an appropriate and effective step in achieving universal benefit in the form of becoming an ideal individual. The ideal individual will produce an ideal family, where the ideal family can form an ideal society in the future. [Penelitian ini berangkat dari perubahan ketentuan batas minimal usia perkawinan dan realitas yang terjadi dalam masyarakat. Pada dasarnya, usia perkawinan bukan merupakah syarat dan rukun dalam perkawinan. Hanya saja, usia perkawinan membuktikan bahwa terdapat kemaslahatan yang akan tercapai dimasa depan apabila dilaksanakan dengan tepat. Adapun tujuan perkawinan sendiri, dimana seharusnya membawa kemaslahatan rupanya tidak dapat tercapai apabila ketentuan pembatasan tersebut tidak dilaksanakan dengan baik. Oleh karena itu, perlu diadakan penelitian supaya didapatkan solusi mengenai permasalahanpermasalahan tersebut. Penelitian ini secara garis besar hendak menjawab tiga rumusan masalah. Pertama, ketentuan usia minimal perkawinan. Kedua, ketentuan usia minimal perkawinan dalam undang-undang no.19 tahun 2019. Ketiga, perspektif Maqasid al-Shari’ah Abdul Majid al-Najjar dalam batas minimal usia perkawinan. Dengan menggunakan metodologi kualitatif dan dengan pendekatan Library Research, maka akan didapatkan datadata verbal mengenai ketentuan batas minimal usia perkawinan. Data yang dikumpulkan kemudian dianalisis menggunakan teori Maqasid al-Shari’ah Abdul Majid al-Najjar sehingga akan ditemukan solusi yang tepat mengenai permasalahan dalam batas minimal usia perkawinan. Hasil penelitian ini menunjukkan bahwa pembatasan usia minimal perkawinan yaitu 19 tahun bagi laki-laki dan perempuan, merupakan langkah yang tepat dan jitu dalam upaya mencapai kemaslahatan universal berupa menjadikan individu yang ideal. Individu yang ideal, akan menghasilkan keluarga yang ideal, dimana keluarga ideal, dapat membentu masyarakat yang ideal pada masa mendatang.]

This article is intended to answer questions on the legal considerations of the Constitutional Court Decision No. 22/PUU-XV/2017 regarding the minimum age of marriage for women and how the Judgment is seen from the Muhammad Saʻîd Ramaḏân al-Bûṯî's maslahah theory and the theory of gender equality in Islam. From the conducted studies, several conclusions can be drawn. First, the Judge's legal considerations in canceling the minimum age of marriage in decision No. 22/PUU-XV/2017 are based on consideration of discrimination acts, health and educational aspects, child exploitation, the minimum age requirement for marriage in various countries, and policy demands related to marriage age. Second, in terms of the al-Bûṯî’s maslaẖah theory, the Constitutional Court's ruling on the equalization of marital age between men and women is not categorized as a maslahah, since it does not meet the five criteria for something to be called as a maslahah. Third, according to the gender equality theory in Islam, it can be concluded that the Constitutional Court's decision is not suitable to the theory, since the meaning of equality in Islam is not to be equal but rather to the fulfillment of rights according to the level of needs.

This research is entitled "Effectiveness of the Role of Religious Courts in the Implementation of Marriage Age Limits as an Effort to Reduce the Rate of Early Marriage (Study at the Sukoharjo Religious Court in 2024)" which is based on a phenomenon in society related to the rise of teenagers having relationships like husband and wife. to pregnancy out of wedlock at an age that has not yet reached the minimum age limit for marriage. Islamic law does not provide clear boundaries for marriage, it only determines the measure of a person's maturity when they reach puberty. Islamic jurisprudence scholars agree in determining taklif, namely when semen comes out for men and menstruation for women, which is different from Law Number 1 of the Year. 1974 provides a clear age limit for someone to get married, namely 19 years for men and 16 years for women. Marriage dispensation is a grant of the right to a person to marry even though they have not yet reached the minimum marriageable age. Marriage dispensation is regulated in Article 7 paragraph (2) of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage. Marriage dispensation is an exception to Article 7 paragraph (1), namely that the age limit for marriage for men and women has reached 19 (nineteen) years. This type of research is field research or field research which can also be called qualitative research. Therefore, the author conducted this research at the Sukoharjo Religious Court, regarding data sources the author chose primary data sources, namely data from the court and secondary data sources, namely from several books as references. The data collection techniques used are observation, documentation and archive methods. The approach method used in this research is normative juridical, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the above problems. Juridically, this means research that refers to existing literature studies or secondary data used. Meanwhile, normative means legal research which aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The method used is a descriptive method by means of document analysis. In other terms it is also called content analysis or information analysis which focuses its activities on document research, analyzing regulations and legal decisions.