UDTR Global Rights of Nature Radar

Analysis of the Reformulation of the Minimum Marriage Age: An Islamic Law Perspective on Law No. 16 of 2019 in the Pamekasan Court

Identification

Public canonical key

radar:r-0f410c89e25e4eec673768f2f6adcaa3

Authors

Moh Sholihin · Jamiliya Susantin

Reported year

2026

Reported language

en

Source type

article

First detected

2026-11-14T02:30:22.142392+00:00

Last metadata observation

2026-11-14T02:30:22.142392+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universitas Islam Madura

Reported affiliation countries

ID

Documentary abstract — original language

This study aims to analyze the reformulation of the minimum marriage age under Law No. 16 of 2019 through a comparative perspective of Islamic law and positive law, as well as to examine its implications for judicial practice at the Pamekasan Religious Court. This research employs a socio-legal approach, incorporating statutory, conceptual, and case approaches. Data were collected through documentation of marriage dispensation cases from 2019 to 2025 and interviews with judges. The findings indicate that the reformulation of the minimum marriage age to 19 years for both men and women constitutes a progressive measure to strengthen child protection and promote gender equality. However, the amendment has been followed by a significant increase in applications for marriage dispensation, reflecting a gap between legal norms and prevailing social realities. The study also reveals differences between Islamic law, which is grounded in the concepts of baligh, rusyd, and maslahah, and positive law, which establishes a fixed statutory minimum age for marriage. In judicial practice, judges tend to integrate sociological, psychological, and maslahah considerations when deciding marriage dispensation cases. These findings suggest that the impact of the reform on child protection and the prevention of child marriage remains mixed, highlighting the need for a more comprehensive strategy that combines legal reform with broader social interventions.

Identifiers

OPENALEX

https://openalex.org/W7167481285

DOI

10.37893/jbh.v15i1.1419

Documentary context

Documentary family

article

Source-reported types

article

Publishers

Universitas Krisnadwipayana

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1

• Document · https://doi.org/10.37893/jbh.v15i1.1419

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.