The Rule Minimum Age of Marriage in Islamic Family Law in the Muslim World
DOI:
https://doi.org/10.53639/ijssr.v3i3.71Keywords:
Minimum Age for Marriage, Law, Muslim WorldAbstract
Questioning the issue of the minimum rules for marriage in Islam itself is not explained in detail about the minimum age for marriage. In jurisprudence, scholars of different schools of thought have different opinions regarding the minimum age limit for marriage, which in essence, someone who has reached the age of puberty can already get married. This article aims to discuss the minimum rules for marriage that are applied in every Muslim country in the world. The minimum marriage rules discussed are in Indonesia, Algeria, Bangladesh, Egypt, Iraq, Jordan, Lebanon, Libya, Malaysia, Morocco, Yaman, Pakistan, Somalia, Syria, Tunisia, Turkey, Afghanistan. The minimum age difference in some Muslim countries including Indonesia stems from the way each country determines the direction of their legislation, especially in marriage laws. Because in some countries it refers to the school of jurisprudence that it uses. Then, the purpose of the minimum age in marriage is to minimize the risks that will occur in marriage such as: Divorce caused by the immaturity of the child's mentality, difficulties in fulfilling family livelihoods, the potential for the birth of an unhealthy child caused by the biological immaturity of the child, and potential for maternal death due to pregnancy at an early age.
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Agus Vijayantera, Wayan. Changes in the Minimum Age Limit for Marriage Since the issuance of Law of the Republic of Indonesia Number 16 of 2019. Journal: Undiksa Citizenship Education (2020) Vol.8 No. 3.
Al-Baghdadi, Mahmud Syukri al-Alusi. Bulughu al-Arob fi Ma'rifati Ahwal al-'Arob . Beirut: Dar al-Kutub al-'Ilmiyyah, t.t.
Al-Bukhori, Abu Abdillah Ismail. Sahih al-Bukhori . Riyadh: Bait al-Afkar al-Dauliyah, 1998.
'Ali Syita, Abdussalam. Ufuq al-'Azzamah al-Muhammadiyah . Egypt: Alexandria, 2020.
Al-Kasani, 'Ala al-Din. Al-Badhoi' al-Shonai' fi Targgibi al-Sharoi' . Beirut: Dar al-Kutub al-'Ilmiyyah, 1986.
Al-Mawardi, Abu Hasan 'Ali Muhammad. Al-Hawi al-Kabir . Beirut: Dar al-Kutub al-'Ilmiyyah, 1994.
Al-Sijistani, Abi daud Sulaiman Bin 'Asy'at. Sunan Abi Daud . Amman: Baitu al-Afkar al-Dauliyyah, t.t.
Fa'atin, Salmah. “ A Review of the Minimum Age for Marriage in Law no. 1/1974 With Multiperspectives ”. Journal of Islamic Law and Legal Thought, (2015) Vol. 6 No. 2.
Fatma, Yulia. “ Age Restrictions on Marriage in Islamic Family Law (Comparison Between Muslim Countries: Turkey, Pakistan, Marocco and Indonesia) ”. Scientific Journal of Sharia, (2019) Vol. 18 No. 2.
Handono, Irena. Prophet SAW. Not a pedophile. Bekasi: Gateway Publishing, 2010.
Hayat, Muhammad Jihadul. The Historicity and Purpose of the Minimum Age of Marriage in Indonesian Muslim Family Laws and Muslim Countries, Journal: Equitable (2018) Vol. 3 No. 1.
Heryanti, B Rini Heri. " Implementation of Changes in Marriage Age Limit Policy ", Journal of Ius Constituendum, (2021) Vol. 6 No. 2.
Islamic Law Compilation. Bandung: CV. Aulia nuance, 2020.
Ministry of Religion RI. Al-Qur'an and its Translation. Bandung: PT Sygma Examedia Arkanleema, 2009.
Rahman, Holilur. Ideal Age Limit for Marriage from the Perspective of Maqasid Shariah. Jurnal: Islamic Studies and Humanities (2016) Vol. 1.
Sitorus, Iwan Romadhan. Age of Marriage in Law No. 16 of 2019 Perspective of Maslahah Mursalah, Journal: Nuansa (2020) Vol. XIII No. 2.
Wizaroh al-Auqof wa Syu'un al-Islamiyah. Mausu'ah al-Fiqhiyyah al-Quwaitiyyah . Kuwait: Thoba'ah Dzati al-Salasil, 1986.
Zaelani, Abdol Qodir Zaelani et al. Family Law in Modern Muslim Countries . Bandar Lampung: Raharja's Main Award, 2013.
Zuhily, Muhammad. Al-Mu'tamad fi al-Fiqh al-Shafi'I . Damascus: Dar al-Qolam, 2018.
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