زواج الصغار في كالمانتان الجنوبية في إندونيسيا : دراسة تحليلية تقويمية

Abstract

This study aims to discuss the issues about the early marriage in Islam. The research also examines the basics that underlie the courts in South Kalimantan in legalizing early marriage, followed by supporting reasons and their implications for it. The root of the problem in this research is the age limit of marriage determined by the law of marriage in Indonesia which is 19 years old for both men and women. This limitation does not mean a complete prohibition on marriage. However, the standard in determining the legal justification for early marriage is still ambiguous. This research uses the inductive analytic methods and field study by interviewing a number of Sharia Judges in South Kalimantan, Indonesia regarding early marriage. Among the most important results of this study is that judges' decisions must include causes, facts of the judgement, and legitimate foundation and judicial discretion. In addition, the significant point of judicial consideration in terms of providing dispensation and or disapproving of the petition for early marriage in South Kalimantan, Indonesia is a compilation of Islamic Law known as KHI (Kompilasi Hukum Islam). It is a source that covers jurisprudence (Fiqh) implemented in Indonesia; another provenance is called the rules (Qawaid) of Ushul Fiqh which concern on the benefits or goodness in matters related to early marriage. Both are used by the judges as a basis and source for legal decision-making as well as functioning as the fundamental rules or jurisprudence in determining the eligibility of men and women who want to marry young.