The minimum of marriageable age in maqāsid al-sharia and psychological perspectives

Mahmudi, Zaenul and Sa'diyah, Halimatus (2018) The minimum of marriageable age in maqāsid al-sharia and psychological perspectives. Presented at 1st International Conference on Recent Innovations (ICRI 2018), 2018, Jakarta.

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Abstract

The minimum of marriageable age becomes an interesting topic in Indonesia. As the most populous Muslim country, Indonesia should exert the Islamic teaching in the case. Aisha, the Prophet Muhammad's wife, get married to the Prophet when she was six and consummate to him when she was nine. The Indonesian government, as a member of the United Nations (UN), should follow and ratify the UN treaties that prohibited the child marriage. This study employs conceptual and statute approach to examine the problem of marriageable age based on maqasid al-shariah and psychological perspectives. The results of this study are: (1) Islamic law does not decide the minimum age to get married to the bride and the groom. The Quran conditions for the bride and the groom to have, at least, a rushd quality to get married. (2) Based on the maqasid al-shariah and psychological perspectives, the minimum of marriageable age, 16 years and 19 years for the bride and the groom respectively should be preserved but the bride who got married in 16 years was still the child who should be under the protection of her parents

Item Type:	Conference (Paper)
Keywords:	marriageable age, maqasid al-shariah, children rights, psychology
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Depositing User:	Zaenul Mahmudi
Date Deposited:	01 Dec 2022 10:23

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