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Article . 2022 . Peer-reviewed
License: CC BY
Data sources: Crossref
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Limiting The Age if Marriage in Indonesia: Harmonization Between Living Law and Positive Law

Authors: Khafid Abadi;

Limiting The Age if Marriage in Indonesia: Harmonization Between Living Law and Positive Law

Abstract

The pattern of harmonization of the age limit for marriage in Indonesia between living law and positive law is described in this study. The purpose of this descriptive-analytic study is to provide a comprehensive explanation of the age limit for marriage from a variety of perspectives. The method of seeking to harmonize Islamic and positive law was then used to analyze and interpret the obtained data. Harmonization in limiting the age of marriage can be seen in three ways, according to the findings of this study: First, the philosophical differences between the two regarding how to interpret marriage's purpose. According to both positive and Islamic law, marriage is intended to benefit both parties. Second, Epistemological Considerations Islamic law provides an epistemological foundation for the government's age limit for marriage, siyasah syar'iyyah. Third, the legal aspect: despite the fact that positive law stipulates that a person must be 19 years old to get married, the state provides a marriage dispensation mechanism as an emergency exit for marriages performed before that age

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
gold