BATAS UMUR PERNIKAHAN DALAM PERSPEKTIF HUKUM ISLAM

(Studi Penerapan Teori Maslahat)

  • Ali Sibra Malisi Mahasiswa Doktoral UIN Arraniry Banda Aceh
Keywords: Marriage Age Limit, Perspective and Islamic Law

Abstract

In Islamic law manifested in the Qur'an, sunnah and classical fiqh books, especially the writings of Mazahibul Arba'ah it does not explicitly and clearly specify how much the age limit for a person to get married, this study aims to explain the age limit of marriage in perspective of Islamic law. Likewise, elaborates on why the ulamas do not determine the limitative age for marriage and the extent of the KHI's binding capacity in determining the age limit for marriage. This research is in the form of library research (library research), using descriptive methods and qualitative approaches. The results of his research are: first marriage age limit has never been clearly mentioned by the nas al-Qur'an and al-Sunnah. The Qur'an implies that the person who is going to have a marriage must be a person who has already been blessed. This lack of clarity also causes scholars not to set limits for marriage for several other reasons, namely to avoid damage that occurs within the community, such as cases of adultery, rape, free sex. Second: the binding power of KHI in the context of legal positism, the age of marriage as stipulated. in the Marriage Law Number.1 of 1974, there was a problematic indication that the most prominent age of marriage appeared when faced with Article 7 paragraph (2) concerning marriage dispensation whose juridical authority was for the purpose given to the Religious Court appointed by the parents of the male party and women.

Published
2018-10-25
Section
Articles