Dissenting Opinions about the Tafsir of Islamic Law for Early Marriage in Indonesia

10.2478/bjlp-2022-007030

Abstract

There have been different interpretations among scholars about changes to the marriage law regarding the prohibition of early marriage (i.e., before the age of 19). Some believe that this provision is in accordance with religious guidance, while others believe that religion does not prohibit early marriage. This is due to differences in the interpretations among scholars about the provisions of baligh, the ability to marry, the purpose of marriage, and the practice of the Prophet’s marriage. This study therefore aims to answer three questions: (a) How do scholars interpret early marriage? (b) What is the basis used by scholars for early marriage? (c) What solutions do scholars offer for the occurrence of early marriage? This study used a qualitative method that relied on field data from several informants, with this being then analyzed through two stages, namely Huberman analysis and interpretation. This study concludes that the different interpretations of scholars about early marriage can influence the legal provisions for the minimum age for marriage and can even provide religious, cultural, and legal legitimacy. Solutions therefore need to focus on youth education, da’wah, prosecuting violations of early marriage rules, and imposing appropriate sanctions.