Analyzing Children's Marriage (Sociological and Reproductive Legal Perspective)

Syufaat, Syufaat and Muthola'ah, Muthola'ah (2018) Analyzing Children's Marriage (Sociological and Reproductive Legal Perspective). In: International Conference on Islamic Studies (ICIS), Pekalongan.


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Article 7 paragraph (1) Law No. I of 1974 concerning Marriage, states that marriage is only permitted for those who have reached the age of 19 years (male) and 16 years (female) and if it has not reached that age the parties may request dispensation to the court. Child marriage is not a simple problem because it does not only violate the law that stated in the article 6 paragraph (2) of Law Number 1 of 1974 concerning Marriage, but it also can damage the social order. Hence, in this study, the authors try to analyze the relevance of marital age according to the Law No. 1 of 1974 concerning Marriage in term of sociological and reproductive juridical aspects. In addition, the author also wants to know what solutions should be taken to reduce the adverse effects of marriage at an early age. This is a normative legal research with legal and conceptual approach. The legal material analysis technique used is legal reasoning using deduction method. The result of the study shows that early marriage causes many disadvantages and risks, especially in terms of reproduction. There is a necessity to reform Islamic family law, especially in the legal juridical aspect for example renewing the article relating to the marriage age limit of the bride and groom.

Item Type: Conference or Workshop Item (Paper)
Subjects: 000 Generalities > 001 Knowledge
Divisions: Pascasarjana > Hukum Ekonomi Syariah
Depositing User: Tohir Zuhdi
Date Deposited: 14 Dec 2022 07:37
Last Modified: 14 Dec 2022 07:37

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