Dynamics Of Marriage Age Limitation In Islamic Law And Positive Law

Abstract

Islam does not limit the age for marriage but implicitly requires people who want to marry are physically and psychologically ready to get married to create a harmonious and peaceful family. Likewise, positive law in Indonesia, regarding the determination of the marriage age, aims to achieve a happy and blessed family. This study intends to examine legal benefits in a review of Islamic Law and Positive Law in Indonesia. This research employs library research by using primary and secondary data sources, and data analysis are normative qualitative. This study concludes that according to positive law, the maturity of the prospective bride and groom is determined according to the age limit for men and women, namely 19 years. Whereas in Islamic law what is very concerned is the maturity of the prospective groom in terms of economy, understanding of religion, and being physically and mentally healthy with the aim of not hurting women and creating a sakinah, mawaddah warahmah family (a blessed family).