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Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy and the Objectives of Sharia in Indonesian Marriage Law

Mazahib Jurnal Pemikiran Hukum Islam · Vol. 23 No. 1 (2024) · pp. 117–154

DOI
10.21093/mj.v23i1.7611
ISSN
2460-6588, 1829-9067
Published
2024-06-07
Publisher
Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda
Language
eng

Abstract

Based on the new Indonesian marriage law provision, marriage is only permitted if the man and woman have reached the age of 19 years. Since then, a relatively high violation of marriage law has occurred, marked by the practice of early marriages for children. Thus, the function of law as a tool of social engineering and a means of order does not work well. The research is a normative legal study that utilized the State of Law Theory, the Law Protection Theory, and the Maqāṣid Sharia to analyze the loophole in Indonesian marriage law provisions on minimum age of marriage, application for an early age marriage, officialization of unregistered early age marriage, and their practice in the Religious Court. This study reveals that the law supremacy of lowering the minimum age of marriage has the noble purpose of safeguarding religion (hifẓ al-din) through marriage at the appropriate age, the soul (hifẓ al-nafs) from the threat of death through children marriage, the mind (hifẓ al-aql) through the provision of opportunities for higher education, the offspring (hifẓ al-nasl) from the threat of stunting and miscarriages, and property (hifẓ al-māl) from the threat of poverty as a result of children being denied their right to an education. Therefore, upholding the primacy of benefit (maṣlahat) and rejecting damage is the desired outcome of the legislation limiting the age of marriage. By increasing the minimum marriage age, Indonesian law has created a breakthrough in unifying the state and Islamic legal norms, with one of its sources being 'urf (customs or practices of a society).

Keywords

Collaboration network of the authors

21 authors · 34 co-authorship links

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Co-authorOrganisationJoint articles
Marliyah MarliyahAffiliation unknown1
Uun Dwi Al MuddatstsirAffiliation unknown1
Siti NajmaAffiliation unknown1
Saparuddin SiregarAffiliation unknown1
Adelina NasutionAffiliation unknown1
Pagar PagarAffiliation unknown1
Yusdani YusdaniAffiliation unknown1
Januariansyah ArfaizarAffiliation unknown1
Muslich KSAffiliation unknown1
Ahmad ArifaiAffiliation unknown1
Dhiauddin TanjungAffiliation unknown1
Mulizar MulizarAffiliation unknown1
Muhammad Syukri Albani NasutionAffiliation unknown1
Danil Putra ArisandyAffiliation unknown1
Nur TriyonoAffiliation unknown1
Budi PramonoAffiliation unknown1
Muhammad HusnulAffiliation unknown1
Muntoha MuntohaAffiliation unknown1
Ulfa Jamilatul FaridaAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.uinsi.ac.id/index.php/mazahib/oai, first harvested 9 Nov 2026, last seen 9 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy and the Objectives of Sharia in Indonesian Marriage Law</dc:title>
	<dc:creator xml:lang="en">Fausi, Achmad</dc:creator>
	<dc:creator xml:lang="en">Asmuni, Asmuni</dc:creator>
	<dc:subject xml:lang="en">The supremacy of the law, Age of marriage, Maqāṣid sharia</dc:subject>
	<dc:description xml:lang="en">Based on the new Indonesian marriage law provision, marriage is only permitted if the man and woman have reached the age of 19 years. Since then, a relatively high violation of marriage law has occurred, marked by the practice of early marriages for children. Thus, the function of law as a tool of social engineering and a means of order does not work well. The research is a normative legal study that utilized the State of Law Theory, the Law Protection Theory, and the Maqāṣid Sharia to analyze the loophole in Indonesian marriage law provisions on minimum age of marriage, application for an early age marriage, officialization of unregistered early age marriage, and their practice in the Religious Court. This study reveals that the law supremacy of lowering the minimum age of marriage has the noble purpose of safeguarding religion (hifẓ al-din) through marriage at the appropriate age, the soul (hifẓ al-nafs) from the threat of death through children marriage, the mind (hifẓ al-aql) through the provision of opportunities for higher education, the offspring (hifẓ al-nasl) from the threat of stunting and miscarriages, and property (hifẓ al-māl) from the threat of poverty as a result of children being denied their right to an education. Therefore, upholding the primacy of benefit (maṣlahat) and rejecting damage is the desired outcome of the legislation limiting the age of marriage. By increasing the minimum marriage age, Indonesian law has created a breakthrough in unifying the state and Islamic legal norms, with one of its sources being 'urf (customs or practices of a society).</dc:description>
	<dc:publisher xml:lang="en">Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda</dc:publisher>
	<dc:date>2024-06-07</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
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	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.uinsi.ac.id/index.php/mazahib/article/view/7611</dc:identifier>
	<dc:identifier>10.21093/mj.v23i1.7611</dc:identifier>
	<dc:source xml:lang="en">Mazahib; Vol. 23 No. 1 (2024): VOLUME 23,  ISSUE 1, 2024; 117-154</dc:source>
	<dc:source>2460-6588</dc:source>
	<dc:source>1829-9067</dc:source>
	<dc:source>10.21093/mj.v23i1</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.uinsi.ac.id/index.php/mazahib/article/view/7611/2815</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2024 Achmad Fausi, Asmuni Asmuni</dc:rights>
</oai_dc:dc>