Review of Islamic Family Law on Child Marriage Practices in Indonesia

Abstract

Child marriage remains a complex social issue in Indonesia, with the main causal factors being poverty, culture, inappropriate understanding of religion, and weak law enforcement. Law Number 16 of 2019 has raised the minimum age for marriage to 19 years, but the loopholes in marriage dispensation are often exploited by the community, so that this practice remains widespread. This study aims to analyze the phenomenon of child marriage from the perspective of Islamic Family Law, using qualitative descriptive methods. Data were collected through a review of primary and secondary legal literature, including the Compilation of Islamic Law, fatwas of scholars, and previous research. The results of the study show that although Islamic Law does not set an explicit age limit for marriage, the principle of maslahah emphasizes physical, mental, and economic readiness as the main requirements. The practice of child marriage often violates the maqashid sharia because it has negative impacts, such as poor reproductive health, dropping out of school, and intergenerational poverty. Therefore, collaborative steps are needed between the government, religious institutions, and the community to strengthen the protection of children's rights through stricter education and supervision. This study contributes to strengthening legal arguments to prevent early marriage in accordance with the principles of justice and maslahah in Islam.