Analysis of Marriage Age Limits According to Positive Law and Islamic Law in View of Maqasid Ash-Sharia
Ahmad Damiri

Sekolah Tinggi Ilmu Ekonomi Syariah (STIES) Indonesia Purwakarta

Abstract

This article discusses the minimum age limit for marriage according to positive law and Islamic law in a review of Maqasid Asy-Syari^ah, as we know in the Marriage Law No.1 of 1974 which has been amended by Law No. 16 of 2019. The age limit allowed in a marriage according to Law No. 16 of 2019 is that the male and female parties must be 19 years old. In the Compilation of Islamic Law it is also regulated in Article 15 paragraph (1), for the benefit of the family and marriage household, the bride and groom may only have reached the age stipulated in Article 7 of Law No. 1 of 1974. Meanwhile, according to Islamic law, the limit of marriage is the maturity of the prospective bride and groom and does not specify the minimum and maximum limits for marriage. There are differences in the category rules.The limit of the age of marriage according to positive law and Islamic law has become two different things that are done by the community, one side is that there are those who follow positive legal rules, namely getting married at the age of 19 but there are also those who are married at the age under 19 with the basis of following the rules of Islamic law that are not limited by age and only based on their age.

Keywords: Age Limits for Marriage, Positive Law, Islamic Law, Maqasid Asy-Syariah

Topic: Law