{"title":"童婚与ZINA在印尼伊斯兰法律中的立法","authors":"Neng Djubaedah","doi":"10.21143/JHP.VOL49.NO1.1917","DOIUrl":null,"url":null,"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 ofmaqashid al-shari’a and neo receptio a contrario theory","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.21143/JHP.VOL49.NO1.1917","citationCount":"6","resultStr":"{\"title\":\"CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW\",\"authors\":\"Neng Djubaedah\",\"doi\":\"10.21143/JHP.VOL49.NO1.1917\",\"DOIUrl\":null,\"url\":null,\"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 ofmaqashid al-shari’a and neo receptio a contrario theory\",\"PeriodicalId\":53034,\"journal\":{\"name\":\"Jurnal Hukum Pembangunan\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-04-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.21143/JHP.VOL49.NO1.1917\",\"citationCount\":\"6\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Jurnal Hukum Pembangunan\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21143/JHP.VOL49.NO1.1917\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Hukum Pembangunan","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21143/JHP.VOL49.NO1.1917","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW
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 ofmaqashid al-shari’a and neo receptio a contrario theory
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