Age of Marriage in the Perspective of Maqashid Sharia

Abstract

This article discusses the Age of Marriage in the Perspective of Maqhasid Syariah, the main topic of this article is about the problem that arises due to the phenomenon of early marriage among the community, this is considered to have violated the law on marriage where the minimum age limit for marriage between men - men and women, namely 19 years old, and absolutely with the occurrence of early marriage can cause bad effects for the married couple. Young marriage in Indonesia has become a national phenomenon, the influencing factor is culture, because it has a major influence on the pattern of life in society, including underage marriages. By definition, young marriage is understood as a marriage that is carried out at a young age, that is, it has reached the age limit regulated in the law, namely the age of 19 years. Today many young people decide to marry young on the grounds that they want to avoid committing adultery. The purpose of writing this article is to find out the context of the marriage itself and how maqhasid sharia complies with the rules regarding the minimum age limit for marriage. The author uses a qualitative research approach with library research data collection techniques (Library Research). The author takes data from books, scientific journals, literature and other publications that are worthy of being used as a source for this research. Qualitative research that the author uses is research that produces information in the form of notes and descriptive data contained in the text under study. The results of the research that the authors describe in this article state that the provisions for the age limit in marriage if it is based on the maqhasid sharia provisions in building a household, the principle must be fulfilled that the prospective husband and wife are ready mentally and physically, so that they can realize the goals of marriage well without ending in divorce and get good and healthy offspring, therefore underage marriages must be prevented. Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 Article 7 paragraph (1) states that marriage can only be permitted if a man and a woman has reached the age of 19 (nineteen) years. The change in the wording of the Article raises expectations that there will be a decrease in the number of early marriages which were previously still being carried out.