PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DIBAWAH UMUR AKIBAT PERKAWINAN DINI PERSPEKTIF MAQASHID SYARIAH

Abstract

This study aims to evaluate the legal protection for underage girls vulnerable to early marriage in Indonesia, analyzed from the perspective of maqashid syariah. Early marriage has shown adverse impacts on health, education, and psychological well-being, raising concerns about the sufficiency of existing legal protections. This normative study employs a conceptual approach by examining Indonesian regulations, including Law No. 16 of 2019, which amends Law No. 1 of 1974 on Marriage, assessing its alignment with maqashid syariah principles that emphasize the protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-aql), progeny (hifz al-nasl), and wealth (hifz al-mal). Although the legal age for marriage is set at 19, the provision for marriage dispensations with court approval presents a gap that facilitates child marriages. The findings reveal that dispensations are frequently granted without considering the long-term physical and mental health consequences for young girls. This study underscores the need for stricter regulation on marriage dispensations and advocates for community education programs involving religious and educational leaders to raise awareness about the negative effects of early marriage. The recommendations align with broader efforts to protect girls through enhanced community engagement, rigorous oversight, and legal enforcement based on maqashid syariah principles, to effectively prevent child marriages in Indonesia.