PERKAWINAN ANAK DALAM TINJAUAN HUKUM KELUARGA ISLAM DAN HUKUM POSITIF

Abstrak

Child marriage continues to be a complex social and legal problem in Indonesia, particularly due to differences between Islamic family law and national positive law. In Islamic, marriage eligibility is generally associated with maturity (baligh) and personal readiness, whereas law Number 16 of 2019 sets the minimum marriage age at 19 years to strengthen child protection. This study uses a normative juridical method through statutory and conceptual approaches based on library research. The study finds that the coexistence of these two legal perspectives often leads to inconsistencies in practice, especially in the implementation of marriage dispensations by the courts. In several cases, the dispensation mechanism is considered to reduce the effectiveness of legal restrictions on underage marriage. This research offers a legal harmonization approach through contextual interpretation of Islamic family law and strengthening judicial supervision in dispensation cases. Therefore, harmonization between Islamic law and positive law is necessary to ensure legal certainty while maintaining the principle of child protection and the best interests of the child.