ISTINBATH HUKUM TENTANG PENENTUAN BATAS USIA PERNIKAHAN DI INDONESIA

Abstract

This study aims to analyze the construction of istinbāṭ al-aḥkām in determining the minimum legal age of marriage in Indonesia and to examine the application of the principle of public interest (maṣlaḥah) in marriage dispensation cases. The study addresses the issue that the Qur’an and Hadith do not explicitly prescribe 19 years as the minimum marriage age, while Indonesian positive law establishes this age as the minimum for both men and women. This research employs normative legal research using statutory and conceptual approaches. Research materials were collected through a literature review of Islamic legal sources, legislation, books, and relevant journal articles, then analyzed qualitatively through legal interpretation and argumentation. The findings indicate that the determination of the minimum marriage age is a legislative policy that can be justified through legal reasoning by considering maturity, marital responsibilities, child protection, and empirical conditions. The perspective of maqāṣid al-sharī‘ah provides a framework for evaluating this policy in terms of protecting life, intellect, lineage, and family welfare. Meanwhile, marriage dispensation presents an implementation challenge because it requires careful examination of the grounds for the application, supporting evidence, potential marriage-related risks, and the best interests of the child. This study concludes that the legitimacy of the minimum marriage age should be established through the integration of Islamic legal texts, istinbāṭ methodology, empirical considerations, and national legal policy.