Usia Nikah Menurut Hukum Islam Dan Hukum Positif

  • Zulfahmi Zulfahmi Program Pascasarjana Institut Agama Islam Negeri (IAIN)


Discussion of marriage age is closely related to the phenomenon of early marriage, namely marriages that are carried out before the time or before baligh age. Related to that, there is a dispute of opinion among experts. Not stopping there, differences also occur between the provisions of Islamic law with positive law Indonesia about marriage. According to the fuqāha there is no determination of the minimum age of marriage in sharia law ', meaning bulūgh (age of baligh) is not included in the legal requirements of marriage. Then marriages performed under legal age are legal. Whereas in the Indonesian marriage law it is regulated that marriage is only justified if the bride and groom are at least 19 years old. The stipulation of these laws and regulations is not without reason. The state limits the age of marriage in order to avoid mafsadat which is very likely to occur in underage marriages. In accordance with the rules of Ushul Fiqh "dar`u al-mafāsid muqaddamun‘ alā jalbi al-mashālih".