Minimum Marriage Age: Study of Fiqh of Four Madhabs

Abstract

Fiqh of four madhab (Hanafi, Maliki, Shafi'i and Hambali) permit the marriage of minors, so that parents tend to marry their children at an underage. This ppinion is criticized in modern times who want a minimum age of marriage. The question arises how the interpretation of the four madhab (Islamic jurisprudence) of thought is used and are there other arguments that can be used in reinterpreting the existence of a minimum age of marriage. This study uses some methods, firstly, to examine the verses and hadith to find out whether there are cues about the minimum age of marriage or not. Secondly, to reinterpret using the ta‘liliyyah method and the termiyyah of the arguments used by the religious and contemporary scholars. The result shows that the madhab declares Surah al-Thalaq as the proposition regarding the ability of marriages of young children. According to the author, the logic is incorrect because there is no need to iddah for virgin women contained in Surah al-Ahzhab verse 49; The religious scholars also use it as the proposition of the Prophet's marriage hadith. with ‘Aisha r.a when she was a child, even though this incident occurred in Mecca before the Muslim period and before the hadith about the guardian's obligation to ask permission for a girl or widow. This study also finds other verses that can be used as arguments in limiting the age of marriage, namely Surat al-Nisa 'verses 5-6 and 9, the hadith of Ibn Mas'ud and maslahah to be achieved from a marriage, which explicitly states that both adult and maturity both physically and mentally as a condition of marriage.

Islamic triangle concept of marital age: Indonesian experience

“…Despite this agreement, there were many different opinions on how old a person should be to reach the state of bālig. Marrying before bālig is considered underage marriage, and it is called al-nikāh al-sagīr (Maisarah, Afrizal, Zulfahmi, Mauliza, & Murni, 2019).…”

Under the veil: women’s economic and marriage rights in Palestine

“…It stipulates that the 'betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage' (UN General Assembly, 1979). It can be noted that Islam does not, in principle, set a specific age for men and women to be married, leaving the issue to Muslim scholars (ulama) and the State to determine the appropriate age (Maisarah et al, 2019). However, traditional Muslim scholars have historically taken the view that it is permissible for a father or the guardian of a child to marry him or her to someone else, with or without the child's consent, on the basis that Islam does not have any scripture that prohibits child marriage and due to it being the practice of the prophet Mohammed and his companions (Islam Q and A., 2012).…”

“…They also argued that, in all cases, custom and tradition affect the legal norm and, hence, the State and its legislative system should be the sole authority to determine the right age and maturity of parties to a marriage contract. This determination should take into account the physical and mental ability of both parties to fulfill their marriage responsibilities in accordance with the modern age (Maisarah et al, 2019). Accordingly, there is nothing within Islamic rules to prohibit the government or the State from imposing a minimum age for marriage (Gausman et al, 2019).…”

Legal Respect for Children from Sirri's Marriage in the Perspective of Islamic Marriage Law and Regulations Indonesian Law in the District Labuhanbatu

“…(Supriyadi, 2017). The requirement of a marriage is that a man and a woman are both physically and mentally mature (Maisarah et al, 2019). Often the people of Indonesia, especially Labuhanbatu, ignore the rules stipulated in the Marriage…”