Sahal Mahfudh Research Articles

KONSEP IJBAR DALAM PERIKAHAN TENTANG KESETARAAN GENDER BERDASARKAN PERSPEKTIF FIQH KONTEMPORER

In Islamic law, the right of ijbar is the progressive right of guardian to choose partner for woman in a marriage. The right of ijbar is often misused by guardians to force women under their guardianship to marry the man of their choice without consent, so that women's freedom in choosing a partner is often in conflict with the right of ijbar. The author is interested in studying the concept of ijbar rights in the challenge of gender equality, as well as the fatwa of ulama' and the relevance of ijbar rights based on contemporary fiqh perspectives. This research uses a qualitative descriptive approach. The right of ijbar in gender equality is based on the opinion of the Hanafi school of thought, which prohibits marrying a woman except with her permission. Contemporary fatwas on ijbar rights include Yusuf Al-Qhardhawi who states that a father has no right to force his daughter to marry the man of his choice. Syaikh Nizar Bin Shaleh Al-Syu'aibi stated that marriage is a progressive right of a person, so the guardian has no right to force it. Majma' Al-Fiqh Al-Islami stated that the guardian is not allowed to force his daughter to marry without her consent. KUPI's fatwa of November 26, 2022 states that the state and parties related to forced marriage are obliged to take measures to eliminate the harm caused by forced marriage. KH. Sahal Mahfudh does not recognize the right of ijbar when applied to pubescent women who are virgins or widows.

Nilai-Nilai Anti Korupsi dalam Pemikiran KH. Sahal Mahfudh dan Diseminasinya pada Perguruan Tinggi Pesantren

The thoughts of KH. MA. Sahal Mahfudh in his fiqh sosial reflects anti-corruption values that are relevant to the main function of humans as Khalifatullah. This function implies two main tasks, namely Ibadatullah and Imaratul Ardh. This research aims to explore anti-corruption values in Kiai Sahal's thinking and its dissemination at the Mathali'ul Falah Pati Islamic Boarding School. The research method uses a qualitative approach with data collection through documentation, interviews, and observation. Interpretative analysis was used to explain Kiai Sahal's thoughts on anti-corruption values. The results showed that the thoughts of KH. MA. Sahal Mahfudh's contain anti-corruption values. Values such as ikhtiar, tawakal, honesty, transparency, amar ma'ruf nahi munkar, character, and integrity become the foundation in preventing corruption. At Institut Pesantren Mathali'ul Falah, these values are disseminated through anti-corruption policies and integrated in Shalih Akram's Basic Values (NDSA), such as al-Amanah, i'itimad ala nafsi, al kifah mudawamah, tawasuth, zuhud, istiqomah, and al-barakah. The academic community is expected to have an anti-corruption character that is reflected in the curriculum and courses of Pancasila Education and Anti-Corruption, Shalih Akram’s Basic Values (NDSA), and Social Jurisprudence.

‘Allāl al-Fāsī and Sahal Mahfudh: Maqāṣid asy-Sharī’a as the Meeting Point of the Different Inclinations Rooted in Sunni Tradition

<p>This article aims to highlight the position of 'Allāl and Sahal in the development of Maqāṣid al-Syar'a theory and its application to political, social, and economic problems. The approach is carried out by examining their intellectual career background, examining the theory of the development of Maqāṣid al-Syar'a theory and how they implement it. As a result, 'Allal and Sahal took different positions about Maqāṣid al-Syar'a, although in the and they produced similar or almost the same legal opinions. They both propose a democratic government, an economy that prioritizes the interests of the community, and social conditions that prioritize the interests of women. The dominant difference lies in the characteristics of the choice of sources that indicate affiliation. ' Allāl more often refers to the Qur'an and Sunnah as recommended by the Salafis. While Sahal more often refers to the fiqh tradition advocated by traditional schools, by accommodating modern theories, such as philosophy and social sciences. At this point, the author argues that the concept of Maqāṣid al-Syar'a is a meeting point for various tendencies rooted in the Sunni intellectual tradition, including the different tendencies espoused by 'Allāl and Sahal.</p>

Breaking the Dullness of Thought Among Nahdliyin: The Genealogy of KH. Sahal Mahfudh's Civilization Jurisprudence

This article discusses the central role of the KH. Sahal Mahfudh as a breaker of thought dullness among Nahdliyin through a genealogical approach to the jurisprudence of civilization. Nahdlatul Ulama (NU), one of the largest Islamic organizations in Indonesia, plays a significant role in shaping the religious identity and civilization of society. However, like other organizations, NU also face challenges in the face of rapid social, political, and technological changes. KH Sahal Mahfudh, a renowned scholar and NU leader, became a key figure who carried out the mission of renewing the understanding of jurisprudence among Nahdliyin. This article describes the genealogy of jurisprudence thought among Nahdliyin since the beginning of NU to KH. Sahal Mahfudh's role as a pioneer in reviving and renewing scientific discourse within the NU. Through the genealogy analysis method, this article traces the origins of jurisprudence in Nahdliyin and examines its development from time to time. The results show that over time, jurisprudent thinking among Nahdliyin tends to experience stagnation, especially in dealing with contemporary issues. This poses a challenge to answering the problems of Islamic laws that are relevant to the context of the times. KH Sahal Mahfudh, with his progressive and inclusive vision, succeeded in offering a jurisprudent approach that is relevant and adaptive to changing times. Through his work, he invited Nahdliyin to re-explore the roots of authentic Islamic science, while still paying attention to the context of modern civilization. KH. Sahal Mahfudh's important contribution to developing scientific discourse among Nahdliyin helped unravel the stagnation of thought and paved the way for the continuous renewal of Islamic thought. Thus, this article provides insight into the importance of the renewal of thought among Nahdliyin, especially in the context of modern civilization. The genealogy of civilization jurisprudence is described through the role of KH. Sahal Mahfudh provided a valuable contribution to understanding the dynamics of Islamic thought in Indonesia, as well as its relevance in facing various contemporary challenges.

Fiqh Sosial Paradigm for Understanding Universal Values of Pancasila

This paper is the result of research on interpreting universal values ​​of Pancasila according to the paradigm of fiqh sosial. This research is a qualitative research. This research uses a descriptive method. The Fiqh Sosial paradigm refers to the thoughts of Kiai Sahal Mahfudh who believes that the purpose of human existence in this world is to get happiness in the world and heaven. This goal will be achieved if humans do not separate the implementation of the two functions. Namely the function ibadatullah and fungsi imaratul ardli. The first precept of Pancasila which contains religious values ​​is a function of ibadatullah which will always be connected with the other four precepts. The first precept of Pancasila, which is the spirit of the other precepts, also shows the compatibility of understanding that the function of ibadatullah is the basis for the important task of humans in caring for the universe (imaratul ardli). This study aims to provide insight to the public about the paradigm of social fiqh in interpreting the universal values of Pancasila.

Implementation of Social Jurisprudence by KH Sahal Mahfudh in the Practice of Family Planning Program in Pagertanjung Jombang

Keluarga bahagia tercipta oleh sebuah perkawinan dan hubungan rumah tangga yang harmonis, akan lebih sempurna bila dalam rumah tangga tersebut dikaruniai buah hati yang menjadi penerus generasi. KH. Sahal Mahfudz menawarkan solusi pemikiran untuk menjawab bagaimana seharusnya program KB ini menjadi jalan keluar bagi kehidupan berumah tangga sesuai kondisi sosial ekonomi masyarakat saat ini. Melalui pemikiran fikih sosialnya KH. Sahal Mahfudh, penulis ingin mengetahui bagaimana prespektif fikih sosial KH. Sahal Mahfudz terhadap Progam Keluarga Berencana dan Implementasi fikih sosial KH. Sahal Mahfudz di Desa Pagertanjung Ploso Jombang. Penelitian ini merupakan jenis penilitian kualitatif, data diambil secara sistematis dari lapangan dan literatur. Data tersebut kemudian akan dilihat dan diukur dengan menggunakan kacamata fikih sosial KH. Sahal Mahfudh. Hasilnya, fikih sosial Kh. Sahal Mahfudh mampu mendorong masyarakat agar sadar diri akan pentingnya menjaga kesehatan ekonomi dan ketahanan keluarga. Kiai Sahal lebih lanjut menerangkan tidak ada larangan KB dalam agama. Jika syariat menganjurkan untuk menjaga ketahanan keluarga maka KB inilah program yang sangat tepat dan Desa Pagertanjung bisa menjadi kampung percontohan melalui program keluarga berencananya dan pemberdayaan masyarakat.

Empowering the Community’s Economy through Productive Zakat (A Comparative Study of Yusuf Al-Qardhawi’s and Sahal Mahfudh’s Thoughts)

The reality of Muslims suffering from poverty is inversely proportional to the ideals of Islam which calls for poverty alleviation, especially through zakat. The ineffectiveness of zakat is due to the fact that its distribution is still consumptive, not productive. Therefore, this study aims to examine the thoughts of Yusuf al-Qardhawi and Sahal Mahfudh who pay serious attention to productive zakat as a medium for community economic empowerment. This research is classified as a normative and qualitative approach in the form of a literature study to examine data sources that contain the thoughts of Al-Qardhawi and Sahal. The main formulation is to compare al-Qardhawi and Sahal's thoughts on community economic empowerment through productive zakat in terms of background thought, main ideas, subjects, target objects, standard limits and operational steps. The results of this study have two findings. First, Al-Qardhawi proposes the idea of ​​community economic empowerment by improving zakat management, good subjects, distribution with Priority Fiqh principles, theoretical-idealist operational steps. Second, Sahal proposes the idea of ​​community economic empowerment aimed at community economic problems and improving zakat management, good subjects, zakat distribution in accordance with the provisions of Islamic jurisprudence, and practical theoretical implementation steps.
 Keywords: Economic Empowerment, Productive Zakat, Yusuf al-Qardhawi, Sahal Mahfudh

Productive Economic Da’wah of KH. MA. Sahal Mahfudh

This study will discuss the thoughts and practices of M.A. Sahal Mahfudh's economic da'wah. Among the economic ideas of KH. MA. Sahal Mahfudh is to ground the sharia economy, the urgency of the market as a means of business transactions, encourage people to become productive, bank interest, allocate assets, and economic empowerment. This research is field research with a document study approach. Data collection methods using observation and interviews and technical data analysis using the Miles and Huberman technique. KH. MA. Sahal Mahfudh views that humans will achieve happiness in the world and the hereafter if they can unite the main human functions as ibadatulllah and immaratul ard. Thoughts and actions of proselytizing the productive economy of KH. MA. Sahal Mahfudh is, following maqashidus sharia, the objectives of implementing Islamic shari'ah, especially in the context of hifdhu al-mal (safeguarding property). Sufficiency and economic prosperity are the starting point for strengthening faith, developing the quality of education, and maturing the people's national insight. Hifdhu al-mal is the key to the success of other maqashidus sharia, namely protecting religion, soul, mind, and offspring.

PEMIKIRAN FIKIH SOSIAL KH. SAHAL MAHFUDH DAN DAN KH. ALI YAFIE TENTANG RELASI MAYORITAS-MINORITAS DI INDONESIA

Plurality creates friction which there are two poles; majority and minority. Relation both do not always go hand in hand, and often reaches the tension which, strangely, is supported by the legitimacy of the Islamic law itself. So, we need jurisprudence that offers contextualization, accommodating, flexible and prioritize the benefit principle. This jurisprudence models get touch of two charismatic of NU, namely KH. Sahal Mahfudh and KH. Ali Yafie. KH. Sahal Mahfudh reconstruction of mazhab’s patterns and make improvements to the existing jurisprudence concept. While KH. Ali Yafie interpreting verses of the Koran directly by incorporating sociological aspects into consideration. KH. Sahal Mahfudh’s approach emphasized maslahah mursalah and Ali Yafie which rests on the analysis of concrete implications kifayah obligatory on the ideal of majority-minority relations in Indonesia. According to both, the relation whatever to uphold human values are summarized in the maqasid al-Shari’ah. There is no reason to feuding let alone each other down though clearly different religion, and ideology. Friction friction happens to be completed if supported by an intense dialogue. This, according to Sahl Mahfudh a boarding duties and responsibilities. At this point, social jurisprudence exists as a social ethics guidelines that are not partial.

Child Marriage in Male-Feminist: Contextual Qur’anic Interpretation

Child marriage has happened in several regions that apply a Patriarchal culture. It causes an increase in the Indonesian population. Besides, it also impacts when getting married at teenage age, such as the occurrence of domestic violence. It may be worst and may cause many deaths of children and mothers. In the concept of gender equality, the ideal marriage comes from the harmonious cooperation between husband and wife. Therefore, stopping child marriage is not easy. It is due to educational, social, economic, and cultural factors. This research uses a literature study with a qualitative approach that analyses the concept of feminist hermeneutics. The Qur'an does not directly mention the age limits for marriage, but An Nisa 'verse 6 gives a hint related to marriage. This research focuses on the comparative interpretation of the contextual male feminists’ criticism, namely KH. Husein Muhammad and KH. MA. Sahal Mahfud. The results of this research examine that child marriage according to KH. Husein Muhammad is still happening in society because of culture. Then, children should marry with the requirement that they have reached puberty and have mental and physical readiness in line with KH. Sahal Mahfudh suggestion revealed that mujbir's guardians might marry their children. However, it requires permission and approval from prospective adult women. It is very important because if the woman has no inner and outer consent, the marriage carried out will be very dangerous.

The Methodology of Ijtihād Tat̟bi̟qi̟ KH. Sahal Mahfudh

This article aims to examine the methodology of Ijtihād tat̟bīqī KH. Sahal Mahfudh in contextualizing and actualizing classical fiqh texts. The method used is qualitative with the theoretical approach of ijtihād tat̟bîqî by Abû Ishâq Ibrâhîm al-Syâtibi and the theory of Social Construction of Peter L. Berger and Thomas Luckmann with the basis of the Sociology of Knowledge analysis. The results of this study indicate that there are three methodologies of Ijtihād tat̟bīqī KH. Sahal Mahfudh: first, historical approach. Second, the cultural approach (culture), Third, the sociological approach. The contribution of this research is to actualize and contextualize classical fiqh texts while maintaining their relevant authenticity and then synergizing them with more positive modern scientific disciplines so that they exist and survive in the present and as the future development of Indonesian and world fiqh.

Family Planning in The Social Fiqh Perspective of K.H. Sahal Mahfudh

This study entitled "Family Planning in the Perspective of Social Fiqh KH. MA. Sahal Mahfudh” is the result of literature research to answer the question how did family planning (KB) begin in Indonesia? How Family Planning in the perspective of KH social fiqh. MA. Sahal Mahfudh? How is the istinbath used by KH. MA. Sahal Mahfudh in the discourse of Family Planning (KB). In this study, the authors used a juridical normative approach and legal sociology. The results of this study indicate that Kiai Sahal views family planning as regulating child birth, not eliminating children. This is an effort / human effort to form a family full of maslahah. There are two kinds of social fiqh Kiai Sahal in the law of istinbath: Madzhab Qauli and Madzhab Manhaji. In the context of the KB discourse, namely through the Madzhab qauli and methodological thought (madzhab manhaji) at the same time. Qauli by referring to the hadith of Rasulullah SAW regarding 'azl and he also refers to the opinion of al-Ghazali, Ibn Hajar and Sayyid Sabiq which allow family planning. Then manhaji by considering the benefit. In addition, Kiai Sahal's opinion about family planning can also be termed the qiyas method, which is analogizing 'azl with family planning tools. According to Kiai Sahal, advances in medical science and technology, especially regarding the development of contraceptive service suggestions, from natural ones, following the calendar to the use of modern contraceptives, condoms, pills, IUDs, are essentially not much different from what is called 'azl. Because the development of social fiqh as exemplified by Kiai Sahal is always based on the principle of caring for the old but still good and relevant and taking the new which is better. In the perspective of Kiai Sahal's social fiqh, the family planning program is allowed because it aims among others to create quality families of Sakinah, Mawaddah, Wa rahmah and mashlahah families.
 
 Keywords: Family Planning; Social Fiqh.

Study On The Pesantren Education In The Perspective Of Kiai Sahal Mahfudh And Its Relevance With The Development Of Contemporary Pesantren

Pesantren, Islamic boarding school, as Islamic educational institutions by setting the main objectives of Islamic education is simply to generate the Santri (students) to explore religious knowledge (tafaqquh fid-din). However, since the 1970s Pesantren began to open up indicating that Islamic boarding schools with their dynamics required recognition by the community about their existence. Kiai Sahal Mahfudh, a Pesantren intellectual figure with a traditional background helped encourage the Pesantren to be able to respond to modernization and the demands of society in the right way. Kiai Sahal Mahfudh presents himself as a figure with transformative, innovative and visionary vision in transforming Pesantren education. He argued that Pesantren education cannot be separated from its two potentials: religiosity and social potential. This study aimed to determine the perspective of Pesantren education based on the perspective of Kiai Sahal Mahfudh and its relevance to the development of contemporary Pesantren. This study is a library research using the primary data in the form of Nuansa Fiqh Sosial, papers, or any works of Kiai Sahal Mahfudh. Meanwhile, the secondary data were in the form of books related to the Pesantren or AZJAF Vol.1 No. 2 (Special Issue 2021) Page 24 the thoughts of Kiai Sahal Mahfudh. The analysis technique used content analysis in which the phases of analysis started by determining the problems, formulating the frame of thoughts and preparing the methodology devices, data analysis and data interpretation.The results of this research showed that the teaching of the kitab kuning needs the abilty to understand contextually for solving contemporary social problems. The formulation of the objectives of pesantren education in preparing righteous and akram people in line with the functions of humans personally as khalifah of Allah who also carry out social functions to prosper and manage the earth.The da’wah islamiyyah or propagative potential in pesantren is not only articulated in word but also in deeds or da’wah bil hal. For kiai Sahal Mahfudh, da’wah can also in the form of community empowerment. Both have the same end goals. These are relevant and in accordance with the direction of development of contemporary pesantren which wants pesantren to no longer only carry out their traditional functions as religious educational institutions, but also as social community institutions.

Nationalist Pluralism in Fiqh Sosial: Ideas and Actions of KH. MA. Sahal Mahfudh

This study explores the ideas and actions of KH. MA Sahal Mahfudh's pluralism as a role model for society. This qualitative descriptive research used fiqh sosial as a tool of analysis. The data is derived from the different works of Kiai Sahal and other supporting works are complemented by interviews with figures who understand the thinking of Kiai Sahal. The results of research on the thoughts and practices of Kiai Sahal on pluralism are fiqh ikhtilaf, the basic principle of pluralism that promotes tolerance, and the state does not need to be labeled Islam. Meanwhile, Kiai Sahal's pluralism practices include accepting Pancasila, fighting for non-Muslim burials, allowing non-Muslims to teach in pesantren, engaging in interfaith cooperation, prohibiting hostility to non-Muslims, and differentiating between religious areas and mu'amalah. Kiai Sahal's contribution to the aspect of thinking is to open up the inclusiveness of thought while in fact, it can enhance the diversity of the country. Based on this research, Kiai Sahal Mahfudh's pluralism style is nationalist pluralism.

Methodology and Scope of Social Fiqh (Thinking Study KH. M. Sahal Mahfudh)

The purpose of this research is to answer the problem formulation, what is the nature of social fiqh? What is the methodology of social fiqh? This research is a legal research with doctrinal dimensions, interpreted logically and dogmatically. The nature of this research is qualitative with theological and sociological approaches. Social fiqh basically includes three things; First, social fiqh shifts the perspective of fiqh which is pure science towards applied science. Second, shifting deontological understanding toward teleological. Third, emphasizing fiqh method in giving birth to legal provisions, from giving satisfactory answers to efforts to realize the objectives of fiqh. Social Fiqh clearly has a methodology that is a contextualization of fiqh texts, switching to mazhab qauli ke mazhab manhaji, verification of ushul dan furu’, fiqh as social ethics, philosophical-based application of thought. What distinguishes this study from previous research is that in this study it was found that the social fiqh of KH. M. Sahal Mahfudh was not only a fiqh product but also a fiqh methodology. Keywords : social fiqh; method; ijtihad; science, law

Contribution of KH. MA. Sahal Mahfudh to Community Economic Empowerment

This article aims to analyze the contribution of KH. MA. Sahal Mahfudh in empowering the economy of the community which is motivated by conditions of unresolved poverty. This article is a library research using a sociological-historical approach. Data collection methods in this study using documentation and interviews. The analysis of this research uses qualitative analysis. The results of this study indicate that the contribution of KH. MA. Sahal Mahfudh in community economic empowerment can be a solution to poverty problems. The Islamic boarding school led by Kiai Sahal has become the driving force for the economic empowerment program for the surrounding community by developing various business units. The business units established by Kiai Sahal include: BPR Artha Huda with conventional systems, BPR Artha Mas Abadi using the sharia system, printing businesses (Masda Grafika and Masda Digital Printing), Rambutan Gardens, and Walet Enterprises.

KONSTRUKSI METODOLOGIS DAN DIMENSI AKSIOLOGIS FIQH SOSIAL KH. SAHAL MAHFUDH DALAM KONDISI SOSIAL KONTEMPORER

The purpose of this study was to analyze the methodological construction and axiological dimensions of KH Sahal Mahfudh's social fiqh in contemporary social conditions. This research uses qualitative research with theological and sociological approaches. The data used in this research is secondary data. Collecting data using library research method. Based on the results of data analysis, it can be concluded that the social fiqh construction of KH Sahal Mahfudh consists of six main aspects, namely the Contextuality of Fiqh Texts, Switching from the Qauli School (Textual Paradigm) to the Manhaji School (Methodological Paradigm), Verification of Usul and Furu', Fiqh as Social Ethics, Application of Philosophical Thought in Socio-Cultural Context and Ijtihad Jama'i. In analyzing the axiological aspects of the construction, there are several things, namely the concept of ijtihad jama'i which is applied in collaboration between the BPJPH, the Ministry of Home Affairs and the Indonesian Ulema Council in assisting the halal certification of SMEs in the field of product exports, in matters of prostitution adhering to the akhafudz al-dhararain rule, KH Sahal Mahfudh built and mobilized the surrounding community to build self-help groups, hospitals and banks to help improve the collective economy, and the idea of ​​contestual education.

“Dakwah Pembebasan” Perspektif KH. MA. Sahal Mahfudh Dalam Buku “Nuansa Fiqih Sosial”

This article discusses the thoughts of da'wah bi al-hâl KH. MA Sahal Mahfudh in his book entitled "Shades of Social Fiqh".The research in this article is the reasech library with a qualitative descriptive approach. That is, the results of this paper are presented in the form of a translation based on the existing literature and data.Da'wah aims to bring mad'u achieve happiness in the world and the hereafter, therefore preaching is not merely a matter of the preacher who stands on the pulpit and conveys the hadith or verses of the Koran to mad'u. Empowering and freeing people from all forms of adversity, according to KH. MA Sahal Mahfudh, also included preaching. This method of preaching is called real action propaganda (da'wah liberation) or da'wah bi al-hāl or da'wah bi lisân al-hâl.This method of da'wah becomes very important, because when your physical needs are met, the messages of da'wah will be easily conveyed and accepted by mad'u thus, the purpose of da'wah will also be easily achieved. On the other hand, if people live in misery, then mad'u has the potential to deny the teachings of God.

Modernitas dan Keindonesiaan Fatwa Majelis Ulama Indonesia

This research shows that 19 (nineteen) fatwas of 104 (one hundred and four) fatwas of the Indonesian Ulama Council (MUI) from 1983 to 2009 are reflecting modernity and the Indonesia-ness. The modernity of the fatwas is implemented in the using of maqasid shari‘ah, the maslahat principle, collective ijtihad, and flexibility in madhhab. As for the Indonesianess of the fatwas is implemented at the local wisdom which includes the consideration of: National Stability of Indonesia, the Republic of Indonesia (NKRI), Public Order, National Culture, and Legislation regulated in Indonesia.The research supports the thought of the contextualist group which is represented by Sahal Mahfudh, Ali Yafie and Munawar Chalil; both of them echo the contextual relationship between fiqh and the aspects of Indonesian people’s life. Also Muhammad Atho Mudzhar which states that the implementation of any Islamic law is the result of interaction between the jurist or mufti with his sociocultural and sociopolitical environment. Musfirin al-Qahtani as well states the importance of istinbat methodology in facing the development of the contemporary Islamic law (fiqh) by standing on the shariah arguments, the fiqh formulas (qaidah fiqhiyyah), takhrij, and maqasid al-shari‘ah.

APLIKASI KONSEP FIQH SOSIAL KH. M.A. SAHAL MAHFUDH TERHADAP BATAS USIA PERKAWINAN DALAM PASAL 7 AYAT (1) UNDANG-UNDANG PERKAWINAN

The limitation age of marriage in article 7 verse (1) of Law Number 1/1974 on marriage, is considered to cause various problems. The limitation age for marriage of 19 for males and 16 years for females is too early and it is less appropriate with biological, psychological, educational, and economic maturity. Psychologically, marriages under 21 years of age do not yet have maturity. From the aspect of the fulfillment of economic needs, a husband is still not stable to meet family needs.The purpose of this research is to analyze the limitation age of marriage in Law Number 1/1974 by using perspective madzhab qauli fiqh sosial KH . MA. Sahal Mahfudh and analyze the minimum age of marriage in Law Number 1/1974 by using perspective manhaji fiqh sosial KH . MA. Sahal Mahfudh. The results of this research indicate that: First, the madzhab qauli of fiqh sosial sees the limitation age of marriage is too low and not in accordance with the condition that exist in society, and it will cause to adverse impacts. Therefore the preventive effort has to be done, it is in accordance with the rules of fiqh ad-daf'u aqwā min ar-raf'i. Secondly, the madzhab manhaji of fiqh sosial through the the theory of masālikul illat say that the limitation age of marriage in Law Number 1/1974 must be integrated with the purpose of marriage and create al-maslaḥah al-‘āmmah.