Pemberlakuan Sanksi Pelaku Nikah di Bawah Umur

  • Istianah Ghazali Istianah IAIN Pekalongan

Abstract

This current study aims to discuss child marriage, particularly for thepunishment meted out for the perpetrators. This punishment hasnever received a special attention in the classical Islamic jurisprudence(fiqh) since child marriage is legitimate and not a prohibition,especially according to the four mainstream schools of Sunnijurisprudence (mazhab). However, in the era of contemporary Islam,this marriage is judged to have a negative impact for social life.Through a normative or perspective approach, this study wasexplored by using several theories, namely: the theories of mukallafdevelopment and law competency (ahliyah) and of uqubah al-ta’zir(punishment of ta’zir). The research results reveal that firstly, childmarriage is prohibited due to lack of maturity (rusyd), and immaturechildren are regarded as incapable of having marriage (ahliyah al-ada’al-naqisah). It indicates that this kind of marriage demonstrates greaternegative effects than positive ones, but it is classified into harm ligairih. This category of harm is due to an external factor, namely:marriage is principally declared in Islamic law. Secondly, thepunishment meted out for the perpetrators of child marriage isdeemed to be in line with the Islamic law. It is due to the fact that intheory of ushl al-fiqh, a prohibition exists as a consequence for the formof ta’zir punishment regulated by the government.
Keywords: child marriage, maturity (rusyd), ta’zir punishment.

Author Biography

Istianah Ghazali Istianah, IAIN Pekalongan
Fakultas Syariah
Published
2018-06-28
How to Cite
ISTIANAH, Istianah Ghazali. Pemberlakuan Sanksi Pelaku Nikah di Bawah Umur. JURNAL HUKUM ISLAM, [S.l.], p. 279-300, june 2018. ISSN 2502-7719. Available at: <http://e-journal.iainpekalongan.ac.id/index.php/jhi/article/view/932>. Date accessed: 16 july 2018. doi: https://doi.org/10.28918/jhi.v15i2.932.

Keywords

Underage marriage; rusyd (maturity); ta'zir punishment