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

Abstract

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