Publication Search

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

One of the long-standing marriage traditions in the Ende community is the ana ale marriage tradition. Ana ale marriage is a form of marriage based on an agreement between the parents of the man and woman, as well as a long-established good relationship between both parents. This research was conducted in Tiwu Tewa Village, Ende Timur District, Ende Regency. This research aims to understand the fundamental values contained in marriage as viewed from customary law, the process of implementation and its legitimacy, as well as the obstacles in the implementation of the ana ale marriage. The method used is empirical legal research with a qualitative approach, which includes interviews and literature study. The research results show that the fundamental values contained in the ana ale marriage, as viewed from customary law, consist of sacred and spiritual values, responsibility and commitment values, social and mutual assistance values, and adherence to customs. The process of implementing the ana ale marriage includes Ru’u Tu Jaga Rara, Janji, Puzi Ru’u, Teo Zambu, Bou Engga, Mai Tu Gega Padha, Tu Ngawi, Teke Ngara, Dari Nikah, Tu Ana. Meanwhile, the marriage is considered valid at the Tu Ana ceremony. The obstacles faced in the ana ale marriage include economic factors and the occurrence of clandestine marriages by the female party.

This study discusses the judge’s considerations in rejecting a marriage annulment lawsuit due to coercion, as stated in the Religious Court Decision of Tanjung Karang Number: 1109/Pdt.G/2023/PA.Tnk. The lawsuit was filed by a wife who claimed she was forced into marriage due to threats from her parents, thus requesting an annulment based on Article 27 paragraph (1) of Law Number 1 of 1974 on Marriage. However, the panel of judges rejected the claim. This research aims to examine the legal reasoning behind the judge’s rejection of the annulment and the legal consequences resulting from the decision. The study employs a normative and empirical legal approach with a descriptive qualitative method, using primary legal materials such as legislation and court rulings, as well as secondary data from legal literature and interviews. The results show that the judges rejected the claim because the alleged coercion was not proven to constitute an unlawful threat as defined by law, and the marriage was conducted validly according to legal and religious provisions. The legal implication of this rejection is that the marriage remains valid and binding, and all legal rights and obligations between husband and wife continue to apply.

Basically, In order to have a lasting, contented, and successful family, a man and a woman must physically and spiritually join via marriage. This marriage contract gives both parties the right to enjoy a relationship in accordance with the Shari'a. This study aims to reveal and compare the views of scholars from various schools of thought (Hanafiyah, Malikiah, Syafi ivah, and Hanabilah) regarding temporary marriage, namely “Nikah Mutah,” which is viewed from the legal arguments of each scholar. The descriptive technique was used in this study. which describes the thoughts of previous scholars regarding mut'ah marriage and the legal basis they used. The study's findings indicate that the ulama agree to prohibit mutah marriages absolutely, based on several propositions and the Qur'an, such as surah An-Nisa (4) 24. Al-Mu'minun (23): 5-7, and At- Thalaq (65) 1, as well as various hadiths. The consensus of scholars also supports the prohibition of mut'ah marriage. On the other hand, the Svi'ah view regarding mut'ah marriage is that this marriage is permitted, referring to QS An-Nisa (4): 24, which is considered to be related to temporary marriage. This mut'ah marriage allowed during the period the beginning of Islamic history, and some narrations from Shiite sources indicate that the law on mut'ah marriage was never canceled by the Koran or the Prophet Muhammad SAW. According to Shiite scholars, the prohibition on mut'ah marriage occurred during the time of Caliph Umar bin Khattab, which they consider as an ijtihad.

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

Muhammad Syahrur is a contemporary Islamic figure who presents innovative products in interpreting legal verses. One of them is the concept of milkul yamin which allows sexual activities outside of marriage. The focus of the discussion of this paper is to find out how the concept of milkul yamin Muhammad Syahrur, the methodology of Syahrur's legal istinbath, the background of Syahrur's life so that he has a very liberal orientation of thought and how when this milkul yamin concept is applied to Indonesian society. This research is categorized as a literature review (Library Research). Namely research by collecting data on the concept of milkul yamin Muhammad Syahrur to then describe and analyze it simultaneously. The results of this study indicate that Muhammad Syahrur never attended an Islamic school during his life, and when he was studying for his undergraduate, postgraduate, and doctoral degrees, the concentration he took was civil engineering, especially in soil mechanics. On that basis, the methodology of legal istinbath used by Syahrur is the theory of limits (hadd al a'la and hadd al adna), thus giving rise to the concept of milkul yamin which allows sexual intercourse without marriage. While when applied to the lives of Indonesian society, it has many weaknesses both from the legal side and from the socio-cultural side of Indonesian society.

Pancasila has been established as both a rechtsidee (legal ideal) and a grundnorm (fundamental norm). The values of Pancasila must guide and be embodied in legal reform in Indonesia whether at the substantive level (legal content), structural level (legal institutions), or cultural level (legal culture). These values must be embedded in the Constitution of the Republic of Indonesia and further reflected in all subsequent laws and regulations. The value of national unity contained in Pancasila is reflected in the enactment of Law No. 1 of 1974 on Marriage. The unification of marriage law through this legislation abolished the diverse marriage laws that existed prior to its enactment. The value of social justice for all Indonesian people is reflected in the enactment of Law No. 16 of 2019, which amended Law No. 1 of 1974 on Marriage. The amendment, which revised the minimum age for marriage, provides justice for both men and women regarding the legal validity of marriage in Indonesia.

Every country has legal regulations governing marriage in an effort to create a clear legal basis for its implementation. Regulations regarding marriage in Indonesia in general and as a whole are regulated by Law Number 1 of 1974 concerning Marriage. Overall, Law Number 1 of 1974 concerning Marriage covers aspects relating to the requirements, procedures and rights inherent in couples who have legally entered into a marriage. Article 57 of the Marriage Law regulates mixed marriages, which are defined as marriages between two people who are subject to different laws in Indonesia because of their different nationalities. Divorce can occur in marriages, including mixed marriages. Divorce in a mixed marriage means a divorce that occurs between a husband and wife, one of whom is an Indonesian citizen (WNI) and the other is a foreign citizen (WNA). The laws and regulations governing mixed divorce are Law Number 1 of 1974 concerning Marriage and Law Number 12 of 2006 concerning Citizenship. In this research, examples of mixed divorce cases between Indonesian citizens and foreign citizens will be taken by studying the Putusan PA DENPASAR Nomor 406/Pdt.G/2020/PA.Dps which was decided at the Denpasar Religious Court, Denpasar City, Bali Province.  

Marriage at the age of children has a negative impact on children's growth and development and causes non-fulfillment of children's basic rights. The purpose of this study is to analyze how the application of the age limit for marriage as an effort to protect children. Research method, using normative juridical research type, the type of data used is secondary data and supported by primary data, analysis method using qualitative discrete. The results of the study, Government policy in setting the minimum marriage limit for women from 16 years to 19 (nineteen) years.as stated in Law No. 16 of 2019 has gone through a process and various considerations. This is so that both parties are ready and mature from the physical, psychic and mental sides. Under certain circumstances, the Court may grant marriage dispensation in accordance with applicable laws and regulations, namely Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Marriage dispensation for minors, is a study of the age limit for a person to marry, or the ideal age to enter the world of marriage. The age of marriage will affect many things on oneself and on the household to be built. The role of the courts through marriage dispensation is significant in providing protection to children. The court has the authority to allow or deny permission for a child to marry or not to marry.