The Manipulation of Religion and The Legalization of Underage Marriages in Indonesia

Abstract

Cases of underage marriage have continued to increase, supported by religious law, and accepted by Indonesian Muslims. To analyze this phenomenon, this study used a qualitative descriptive approach. Data were collected through observations, interviews, and reviews of religious texts or references, this article explores the correlation between underage marriage and the naskh (abrogation) of the Qur'an and Hadiths. It shows that this exegetical approach has helped perpetuate the practice of underage marriage, as it not only promotes a partial and purely textual understanding of Islam's teachings regarding marriage but is also easily manipulated to promote certain views, as a form of religious manipulation of underage marriages. As a result, marriage is taught and understood from a purely doctrinal perspective, without considering the health and wellbeing of the married couple. Instead, this study recommends using an integrated approach that continuously strives to prevent underage marriage, one capable of obtaining a comprehensive understanding that recognizes the interests of all stakeholders including underage couples. Only then can a comprehensive understanding of religious teachings and experiences be obtained

Dynamics of Childless Marriage Through the Lens of Maqasid Al-Shari’a

“…Second, Allah establishes the Shari"a so that everyone eats, drinks, rests, and takes good care of himself so that his body remains healthy to carry out his service to God and society. In contrast, when someone interferes with the safety of people"s lives in many ways and then threatens the safety of their souls, or even to the point of killing them, Allah punishes the perpetrators severely (Barkah et al, 2023;Mutawali, 2023;al-Syatibi, 2005).…”

“…The obligation to protect offspring (hifz al-nasl) is at least stipulated by Allah in the Qur"an and Sunnah in two opposing forms. On the one hand, Islamic law institutionalizes marriage for married couples to properly channel their sexual desires and obtain good and legitimate offspring (Barkah et al, 2023).…”

The Tradition of "Muter Punden" After the Marriage Contract on the North Coast of Pati Based on the Perspective of Islamic Law

“…This study suggests the need for integrated efforts to prevent Early marriage continues, also giving understanding of the religious teaching comprehensively by involving all parties involved, In addition to the early marriage, it is possible to have a comprehensive understanding. About religious teaching (Barkah et al, 2023). Mariani Amberi's study, with the title Efforts to Prevent Child Marriage Based on Philosophy of Islamic Law and Indonesian Positive Law, addresses the quality of children.…”

Application for Marriage Dispensation for Minors Based on Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (Analysis of Religious Court Determination Number 79/Pdt.P/2018/PA.Msb)

“…eternal and happy well without ending in divorce. Even from a medical perspective, underage marriage (Barkah et al, 2023;Frier, 2021;Iswarini, 2015;Marzuki et al, 2021b;Prettitore, 2015)has a negative impact on both the mother and the child who will be born. Several articles also mention the dangers of early marriage which can cause physical and mental disorders.…”