CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW

Neng Djubaedah

Abstract


Article 7 paragraph (1) of Law No. 1 Year 1974 on Marriage determines marriage permitted if the man is 19 years old and female 16 years old. The age limit of marriage for 16-year-old women is considered an early age and is a problem. Child marriage in this paper is a marriage performed by men and women under the age of 18 years. It is able to cause divorce and obstruction of education. In addition to article 7 paragraph (1), child marriage is also due to pregnancy due to free sex (zina) of teenagers. According to Islamic Law, zina is an out-of-wedlock marriage committed deliberately and consciously by man and woman with their individual willingness, likes, without coercion. How is the protection of Article 7 paragraph (1) on child marriage and women under18 years old who commit zina in terms of Islamic Law? The method of research is normative-juridical and descriptive-qualitative, apply the theory of
maqashid al-shari’a and neo receptio a contrario theory


Keywords


child marriege, zina, religious education

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DOI: http://dx.doi.org/10.21143/jhp.vol49.no1.1917

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