KONSTRUKSI KEMASLAHATAN DALAM PERKAWINAN ANAK

Authors

  • NURHIKMAH HAIRAK H. BIGA, M.H.I Hukum Keluarga, Fakultas Syariah, IAIN Sultan Amai Gorontalo

Keywords:

Child Marriage, Maslahah, Marriage Dispensation

Abstract

In Indonesia, marriage holds a special place within the legal system, largely reflecting Islamic values due to the country’s predominantly Muslim population. While marriage is considered a sacred institution aimed at building a harmonious family, the reality of child marriage contradicts this ideal. This article explores the intersection of Islamic legal norms, state regulations, and child marriage practices in Indonesia. Despite existing legal protections—such as Law No. 23 of 2002 on Child Protection and the 2019 amendment to the Marriage Law that raises the minimum age of marriage to 19 years—child marriage persists, often legitimized through religious discourse, social media campaigns, and judicial dispensations. Statistical trends from 2020 to 2024 show a decrease in child marriage dispensations in Gorontalo Province, yet the numbers remain concerning. Through a maslahah (public good) framework, this paper argues for a shift in focus: from permissibility to the obligation of preventing harm. It promotes the construction of keluarga maslahah—families grounded in justice, reciprocity, dignity, and mutual responsibility—as a preventive strategy to address the root causes and long-term harms of child marriage. This study highlights how a value-based family model can serve as a transformative force toward the fulfillment of children’s rights and the creation of a just and prosperous society.

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Published

2025-07-16

How to Cite

HAIRAK H. BIGA, M.H.I, N. (2025). KONSTRUKSI KEMASLAHATAN DALAM PERKAWINAN ANAK. Journal of Islamic Family Law, 4(01). Retrieved from https://ejournal.iaingorontalo.ac.id/index.php/jiflaw/article/view/2918