The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law

Holijah, Holijah; Manaf, Jariyah Binti Abd

doi:10.24042/adalah.v16i2.4546

Cited by 5 publications

(4 citation statements)

References 5 publications

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“…The Indonesian factor in taking policies is the consideration to avoid uncontrolled population growth. Indonesia also controls early marriage for social stability (Holijah & Abd Manaf, 2019).…”

Section: Resultsmentioning

confidence: 99%

Intrapersonal communication about the meaning of early marriage in Bandung City

Ilham,

Surahman,

Reza

et al. 2023

J. Kaji. Komun.

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Background: Early marriage is a prevalent practice in Cigondewah Rahayu Village, Bandung City. From a psychological and social perspective, early marriage can lead to emotional immaturity and underdeveloped cognitive abilities among young brides. The persistence of traditional customs surrounding early marriage in the area serves as a compelling motivation for researchers to investigate this phenomenon. Purpose: This study aims to explore the community’s interpretation of early marriage from the perspective of intrapersonal communication. Additionally, it seeks to understand the experiences of individuals who have participated in early marriages in Cigondewah Rahayu Village, Bandung City. Methods: This research employs a qualitative approach, drawing on Alfred Schutz’s phenomenological studies and the theory of Symbolic interactionism. Informants were selected using a purposive sampling technique. Data analysis involved techniques such as data reduction, presentation, and verification. Results: The findings indicate that, within the context of intrapersonal communication, early marriage is commonly perceived as a normal practice within the local community, deeply rooted in historical traditions. Participants view early marriage as a ritual that holds religious significance. Moreover, they believe that it facilitates the development of a mature mindset, fostering independence and generating positive impacts in various aspects of their lives, particularly within their social interactions. Implications: Based on the study’s findings, it is important to raise public awareness regarding the potential risks associated with early marriage. Given the unstable mental condition of young individuals, engaging in early marriage can give rise to challenges within the household, as their psychological development is not yet fully equipped to handle the responsibilities and complexities of married life.

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Section: Resultsmentioning

confidence: 99%

Intrapersonal communication about the meaning of early marriage in Bandung City

Ilham,

Surahman,

Reza

et al. 2023

J. Kaji. Komun.

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“…21 The government prohibits child marriage based on various considerations. 22 Conversely, religion does not limit the age of marriage; it also has a positive value. 23 However, indigenous peoples view a person as an adult if he can look after his interests.…”

Section: Age Of Marriage Polemic Between Tradition and Regulationmentioning

confidence: 99%

Dynamics of Child Marriage in Suku Anak Dalam Community

Hidayati,

Yanti,

Farhan HR

et al. 2023

justicia

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This paper aims to explain the dynamics of child marriage and its impact on the Suku Anak Dalam community. This research uses observation, interview, and documentation methods, in which researchers directly go to the field to observe and interview perpetrators of early marriages and tribal chiefs. The results of the study show that the Suku Anak Dalam community has its own rules and traditions regarding the appropriate age limit for marriage and does not include provisions in the law that have been positive. This tradition is a way of measuring the maturity of the bride and groom. According to the Suku Anak Dalam, men can get married if they can earn a living through skill tests in hunting animals or are suitable for farming. At the same time, women are considered adults if they have menstruated. Child marriage is generally a tradition passed down from generation to generation and is an unwritten legal system in society. This practice is a form of neglect regarding women's rights in domestic life, which impacts divorce, physical health, malnutrition, and marriage administration. Several factors, including tradition, arranged marriages/endogamous marriages, economics, promiscuity, and gender inequality, cause this child marriage.

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“…36 The references highlight the importance of increasing the minimum age for marriage to protect the rights and well-being of individuals, particularly women. 37 Legal reform aims to align Islamic family law with contemporary understandings of human rights and to address the social, psychological, and physical readiness required for marriage. 38 The interpretation of Islamic law is not a monolithic process, and there are diverse perspectives and debates within the Islamic legal tradition itself.…”

Section: E Balancing Tradition and Contemporary Valuesmentioning

confidence: 99%

The Hermeneutics of Islamic Law in Reviewing Changes to the Minimum Age for Marriage

Taufiq

Fahruddin²

2023

MULAREV

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This research aims to explore the perspective of Islamic legal hermeneutics in addressing the issue of changing the minimum age of marriage. The minimum age of marriage is a controversial issue that relates to the protection of children's rights, gender equality, and the interpretation of Islamic legal texts. This study employs a hermeneutical approach as a theoretical framework to understand the interpretation of Islamic law regarding the change in the minimum age of marriage. The research also involves an analysis of the changing societal views on the minimum age of marriage. In some cases, societal perspectives have evolved with changing times and increased awareness of the protection of women's rights. Therefore, this study attempts to identify arguments that support or oppose the change in the minimum age of marriage from the perspective of Islamic law. The results of this research are expected to provide deeper insights into the interpretation of Islamic law regarding the minimum age of marriage and its implications for efforts to protect women's rights and bring about social change within Muslim societies. By understanding the contribution of hermeneutics in interpreting Islamic law, it is hoped that more directed efforts can be made in formulating policies that align with the principles of Islamic law and humanitarian values

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The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law

Cited by 5 publications

References 5 publications

Intrapersonal communication about the meaning of early marriage in Bandung City

Intrapersonal communication about the meaning of early marriage in Bandung City

Dynamics of Child Marriage in Suku Anak Dalam Community

The Hermeneutics of Islamic Law in Reviewing Changes to the Minimum Age for Marriage

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