Dissenting Opinions about the Tafsir of Islamic Law for Early Marriage in Indonesia

Naqiyah, Naqiyah and Abidin, Zaenal and Asmawi, Asmawi and Munardji, Munardji and Farihin, Hibbi and Muawanah, Elfi and Ju'subaidi, Ju'subaidi and Rochmah, Elfi Yuliani (2022) Dissenting Opinions about the Tafsir of Islamic Law for Early Marriage in Indonesia. BALTIC JOURNAL OF LAW & POLITICS, 15 (7). pp. 435-457. ISSN ISSN 2029-0454

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There have been different interpretations among scholars about changes to the
marriage law regarding the prohibition of early marriage (i.e., before the age of 19). Some believe that this provision is in accordance with religious guidance, while others believe that
religion does not prohibit early marriage. This is due to differences in the interpretations
among scholars about the provisions of baligh, the ability to marry, the purpose of marriage,
and the practice of the Prophet’s marriage. This study therefore aims to answer three
questions: (a) How do scholars interpret early marriage? (b) What is the basis used by
scholars for early marriage? (c) What solutions do scholars offer for the occurrence of early
marriage? This study used a qualitative method that relied on field data from several
informants, with this being then analyzed through two stages, namely Huberman analysis
and interpretation. This study concludes that the different interpretations of scholars about
early marriage can influence the legal provisions for the minimum age for marriage and can
even provide religious, cultural, and legal legitimacy. Solutions therefore need to focus on
youth education, da’wah, prosecuting violations of early marriage rules, and imposing
appropriate sanctions.

Item Type: Journal Article
Keyword: early marriage, minimum age limit in law, varying interpretations.
Subjects: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
Depositing User: Fransisca Puspitasari
Date Deposited: 16 Jan 2023 09:04
Last Modified: 10 Apr 2023 07:24

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