Authors:
Zaenul Mahmudi
1
and
Khalimatus Sa’diyah
2
Affiliations:
1
Department of Al Ahwal Al Syakhshiyyah, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia
;
2
Department of Psikologi Islam, Faculty of Ushuluddin, Adab dan Dakwah, Institut Agama Islam Negeri Tulungagung, Indonesia
Keyword(s):
marriageable age, maqasid al-shariah, children rights, psychology.
Abstract:
The minimum of marriageable age becomes an interesting topic in Indonesia. As the most populous Muslim country, Indonesia should exert the Islamic teaching in the case. Aisha, the Prophet Muhammad's wife, get married to the Prophet when she was six and consummate to him when she was nine. The Indonesian government, as a member of the United Nations (UN), should follow and ratify the UN treaties that prohibited the child marriage. This study employs conceptual and statute approach to examine the problem of marriageable age based on maqasid al-shariah and psychological perspectives. The results of this study are: (1) Islamic law does not decide the minimum age to get married to the bride and the groom. The Quran conditions for the bride and the groom to have, at least, a rushd quality to get married. (2) Based on the maqasid al-shariah and psychological perspectives, the minimum of marriageable age, 16 years and 19 years for the bride and the groom respectively should be preserved but
the bride who got married in 16 years was still the child who should be under the protection of her parents.
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