Harmonisasi Nilai-Nilai Maqāṣid al-Syarīʻah dan Hukum Nasional dalam Penetapan Usia Minimum Perkawinan di Indonesia

Abstract

The determination of a minimum age for marriage constitutes a strategic issue situated at the intersection of efforts to protect the rights of children and women and normative interpretations of religious teachings. In Indonesia, the revision of the Marriage Law establishing a minimum marriage age of 19 years for both men and women has generated debate regarding its consistency with the principles of Islamic law. This study aims to: (1) identify relevant maqāṣid al-syarīʿah values in determining the minimum age of marriage; (2) analyze the extent to which Indonesia’s national legal policy aligns with these maqāṣid al-syarīʿah values; and (3) propose a conceptual framework for harmonizing Islamic law and positive law in the context of protecting children and women. Employing a normative-juridical approach with qualitative analysis, this research is supported by document studies of statutory regulations, classical and contemporary fiqh literature, and maqāṣid al-syarīʿah theory. The findings indicate that maqāṣid al-syarīʿah values—such as ḥifẓ al-nafs (protection of life), ḥifẓ al-ʿaql (protection of intellect), ḥifẓ al-nasl (protection of lineage), and the principle of public welfare (maṣlaḥah ʿāmmah)—underpin the importance of setting a minimum marriage age as a means of safeguarding young generations from the adverse effects of child marriage. The national legal policy embodied in Law No. 16 of 2019 is shown to be consistent with these objectives, as it takes into account the physical, psychological, and social well-being of prospective spouses. This study also proposes a harmonization framework that emphasizes the use of maṣlaḥah as a policy foundation, the application of collective ijtihād (ijtihād jamāʿī), the enhancement of maqāṣid literacy among stakeholders, responsiveness to social dynamics, and strengthened synergy among the state, religious scholars, and society. These findings contribute to the literature on the integration of religious law and state law and offer practical guidance for formulating prudent and beneficial minimum marriage age policies. The study underscores the importance of harmonizing Islamic law and national law to protect the rights of children and women while ensuring the continued relevance of religious teachings