Dispensation of Marriage Age: Istishlah Analysis

2026-08-14T09:51:19+07:00

Marriage that occurs at too young an age can pose certain risks, such as domestic violence. Law Number 1 of 1974 on Marriage stipulates that the minimum age for marriage is 19 years for men and 16 years for women. However, in special situations, such as premarital pregnancy, an age dispensation for marriage may be granted to couples who have not reached the minimum age set by law. This paper aims to examine the istishlah (public interest) perspective on the minimum age for marriage according to positive law and the Compilation of Islamic Law. It also explores the perspective of istishlah on the dispensation of marriage age. The research method used in this paper is library research, where the study is conducted by gathering data or scholarly literature related to the topic. In-depth analysis of the research object is carried out through critical examination of relevant sources, focusing on addressing fundamental issues. Considerations of maslahah mursalah (unrestricted public interest), which emphasize benefits and the avoidance of harm, are central. In Islamic law, the minimum marriage age can vary depending on the social and cultural context, as Islam does not explicitly set a minimum age. However, the minimum age in the Compilation of Islamic Law (KHI) is determined based on considerations of public welfare and the prevention of harm. The granting of marriage dispensations prioritizes the avoidance of harm over the pursuit of certain family benefits or welfare.

Judicial Control over the Practice of Polygamy: A Comparative Study of Religious Courts in Indonesia and Sharia Courts in Malaysia

2026-08-13T10:45:45+07:00

This study examines Islamic family law in Indonesia and Malaysia, focusing on polygamy licensing practices at the Temanggung Religious Court and Sharia Courts in several Malaysian states. Although both countries legally permit polygamy subject to requirements of justice and capacity, they apply different legal frameworks. Indonesia adopts monogamy as the general principle, with strictly regulated exceptions under Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, while Malaysia regulates polygamy through the Islamic Family Law (Federal Territories) Act 1984 and state Islamic family law enactments. Using a qualitative case study approach, this research combines document analysis with semi-structured interviews involving three key informants: a Temanggung Religious Court judge, a *fiqh munakahat* lecturer at UniSHAM Kedah, and a *maahad tahfiz* administrator in Selangor. Data were analyzed through reduction, presentation, and inductive conclusion drawing. The findings show that Indonesian regulations emphasize legally recognized grounds, the first wife’s consent, financial capacity, and the guarantee of equitable treatment. At the Temanggung Religious Court, approximately 60–70% of polygamy applications are rejected, mainly due to the absence of the first wife’s consent and insufficient financial capacity. In Malaysia, greater emphasis is placed on measurable financial capacity (approximately RM 4,000 per month per family), emotional fairness, transparency, compliance with Sharia Court procedures, and official registration. Although the first wife’s consent is strongly considered, it is not always an absolute requirement.

Jurnal Syariah, Hukum, dan Ekonomi Islam

Dispensation of Marriage Age: Istishlah Analysis

Judicial Control over the Practice of Polygamy: A Comparative Study of Religious Courts in Indonesia and Sharia Courts in Malaysia