Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Reconstruction of Marriage Age Limit According To Law Number 16 Year 2019 about Marriage

Author(s): A. Kumedi Ja far, Moh. Mukri, Is Susanto

 The limit of minimum marriage is a limit where someone is already considered mature and is able to be responsible, so that he is allowed to get married. The problem of this is how the limit of minimum marriage is based on positive law in Indonesia. The formulation of problem in this study is how model of minimum marriage age limit renewal in Law Number 16 Year 2019 is. This research aims to explain renewal model of marriage age limit and its contribution towards family law. The use of this research is to give treasury of Islam scientific, especially in law field about limit of minimum marriage age according to positive law in Indonesia.

This research is a qualitative model, and the nature of this study is library research by using philosophical, psychological and sociological approach by finding use point which is likely to achieve as ultimate goal; it is taking the use and refusing possible disadvantage happened.

Based on normative law, there are two signs of bâligh; they are 1) bi al-alâmât; man indicated with dream, woman indicated with haidh.2) bi al-sin; according to Hanafi, an 18 years old man and a 17 years old woman. While Maliki claimed bi al-hsin is indicated with growth of hair on parts of body. Syafi’I said it is a 15 years old man and a 9 years old woman. Hanbali uttered it is a 15 years old man and woman. The difference of marriage age is caused since al-Qur’an or al-Hadits does not determine the marriage age explicitly. In Positive Law of Indonesia, marriage age limit firstly was 19 for man and 16 for woman, but that regulation had been renewed with Law Number 6 Year 2019 that became 19 for man and woman.

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