Examining Marriage Age Restrictions: Mitigating Early Marriage in Indonesia

¹ Faculty of Law, Universitas Muhammadiyah Yogyakarta, Indonesia
² Faculty of Law, Universitas Muhammadiyah Yogyakarta, Indonesia

^* Corresponding author: istianah@umy.ac.id

Abstract

This study explores early marriage, defined as unions occurring below the legally recognized age of majority, through the lens of Islamic law and positive law. It examines principles from the Qur’an, Hadith, and national legislation, emphasizing the significance of psychological and physical maturity for a harmonious, lasting marriage. While Islamic teachings do not explicitly set a minimum age, they stress the importance of maturity and consent. The study also considers the Indonesian Fatwa Commission’s stance on child marriage, addressing eligibility and maturity requirements. Using a normative qualitative analysis, the research investigates various scholarly interpretations of age limits in marriage. It evaluates the effectiveness of Indonesia’s marriage age restrictions and the persistence of early marriages despite legal frameworks. Findings indicate that laws regulating marriage age are ineffective due to loopholes in marriage dispensation applications, leading to a high prevalence of early marriages. This study aims to provide a comprehensive understanding of the dynamics surrounding marriage age restrictions in Indonesia and suggests measures to mitigate the incidence of early marriages.