Rereading the Age of Marriage: Conflicts and Points of Meeting of Fiqh, KHI, and Customs

Abstract

This article discusses the differences and common points of the concept of marriage age in three legal systems in Indonesia, namely Islamic jurisprudence, the Compilation of Islamic Law (KHI), and customary law. All three have different epistemological bases and approaches, so they often cause inconsistencies in social practice. Classical jurisprudence establishes maturity based on the signs of puberty and without numerical age limits, while contemporary jurisprudence emphasizes the need to establish a minimum age through the maqāṣid al-syarī'ah approach for the protection of children. KHI and the Marriage Law carry a legal-formal approach with an age limit of 19 years as a standard of physical, psychological, and social readiness. The customary law assesses maturity based on social readiness, economic ability, and community norms, so that it is not always in line with the country's age limit. These paradigm differences trigger normative conflicts in the practice of marriage registration, marriage dispensation, and legal protection for women and children. Through a normative-sociolegal qualitative approach, this study offers a harmonized model based on dialogue between religious values, state regulations, and local wisdom with an orientation to benefit, child protection, and socio-cultural balance.