APLIKASI KONSEP FIQH SOSIAL KH. M.A. SAHAL MAHFUDH TERHADAP BATAS USIA PERKAWINAN DALAM PASAL 7 AYAT (1) UNDANG-UNDANG PERKAWINAN

Islamic Review: Jurnal Riset dan Kajian Keislaman

View Publication Info
 
 
Field Value
 
Title APLIKASI KONSEP FIQH SOSIAL KH. M.A. SAHAL MAHFUDH TERHADAP BATAS USIA PERKAWINAN DALAM PASAL 7 AYAT (1) UNDANG-UNDANG PERKAWINAN
 
Creator Hakim, Muh. Luthfi
 
Description The limitation age of marriage in article 7 verse (1) of Law Number 1/1974 on marriage, is considered to cause various problems. The limitation age for marriage of 19 for males and 16 years for females is too early and it is less appropriate with biological, psychological, educational, and economic maturity. Psychologically, marriages under 21 years of age do not yet have maturity. From the aspect of the fulfillment of economic needs, a husband is still not stable to meet family needs.The purpose of this research is to analyze the limitation age of marriage in Law Number 1/1974  by using perspective madzhab qauli fiqh sosial KH . MA. Sahal Mahfudh and analyze the minimum age of marriage in Law Number 1/1974  by using perspective manhaji fiqh sosial KH . MA. Sahal Mahfudh. The results of this research indicate that: First, the madzhab qauli of fiqh sosial sees the limitation age of marriage is too low and not in accordance with the condition that exist in society, and it will cause to adverse impacts. Therefore the preventive effort has to be done, it is in accordance with the rules of fiqh ad-daf'u aqwā min ar-raf'i. Secondly, the madzhab manhaji of fiqh sosial through the the theory of masālikul illat say that the limitation age of marriage in Law Number 1/1974 must be integrated with the purpose of marriage and create al-maslaḥah al-‘āmmah.
Keywords: The limitation age of marriage, Law Number 1/1974, Fiqh Sosial.
The limitation age of marriage in article 7 verse (1) of Law Number 1/1974 on marriage, is considered to cause various problems. The limitation age for marriage of 19 for males and 16 years for females is too early and it is less appropriate with biological, psychological, educational, and economic maturity. Psychologically, marriages under 21 years of age do not yet have maturity. From the aspect of the fulfillment of economic needs, a husband is still not stable to meet family needs.The purpose of this research is to analyze the limitation age of marriage in Law Number 1/1974  by using perspective madzhab qauli fiqh sosial KH . MA. Sahal Mahfudh and analyze the minimum age of marriage in Law Number 1/1974  by using perspective manhaji fiqh sosial KH . MA. Sahal Mahfudh. The results of this research indicate that: First, the madzhab qauli of fiqh sosial sees the limitation age of marriage is too low and not in accordance with the condition that exist in society, and it will cause to adverse impacts. Therefore the preventive effort has to be done, it is in accordance with the rules of fiqh ad-daf'u aqwā min ar-raf'i. Secondly, the madzhab manhaji of fiqh sosial through the the theory of masālikul illat say that the limitation age of marriage in Law Number 1/1974 must be integrated with the purpose of marriage and create al-maslaḥah al-‘āmmah.
 
Publisher Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) IPMAFA
 
Date 2019-10-29
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.ipmafa.ac.id/index.php/islamicreview/article/view/174
10.35878/islamicreview.v8i2.174
 
Source Islamic Review : Jurnal Riset dan Kajian Keislaman; Vol 8 No 2 (2019): Islamic Review: Jurnal Riset dan Kajian Keislaman; 207-234
2654-4997
2089-8142
10.35878/islamicreview.v8i2
 
Language ind
 
Relation https://journal.ipmafa.ac.id/index.php/islamicreview/article/view/174/137
 
Rights Copyright (c) 2019 Islamic Review : Jurnal Riset dan Kajian Keislaman
http://creativecommons.org/licenses/by-nc-nd/4.0
 

Contact Us

The PKP Index is an initiative of the Public Knowledge Project.

For PKP Publishing Services please use the PKP|PS contact form.

For support with PKP software we encourage users to consult our wiki for documentation and search our support forums.

For any other correspondence feel free to contact us using the PKP contact form.

Find Us

Twitter

Copyright © 2015-2018 Simon Fraser University Library