PERKAWINAN DINI DALAM PERSPEKTIF HUKUM KELUARGA ISLAM DI INDONESIA: KAJIAN SISTEMATIS LITERATUR TAHUN 2019–2024

Abstract

Child marriage remains a pressing family-law issue in Indonesia even though the minimum marriage age for both men and women was raised to nineteen years through Law Number 16 of 2019. This upward revision has not fully curbed early marriage, largely because religious courts still grant marriage dispensations. This study aims to map and critically analyse scholarly works on early marriage from the perspective of Islamic family law published between 2019 and 2024. A systematic literature review was employed, involving identification, screening, eligibility assessment, and thematic synthesis of twenty-two relevant accredited journal articles. The findings show that scholarly discourse clusters around five major themes: post-amendment age regulation, the construction of maqāṣid al-sharī'ah and fiqh principles in addressing child marriage, the problem of marriage dispensation in religious courts, the reproductive and psychosocial impacts of early marriage, and comparative regulation across Muslim-majority countries. The review concludes that an unresolved tension persists between the child-protection spirit of maqāṣid al-sharī'ah and the still-permissive practice of marriage dispensation, calling for harmonisation between normative fiqh reasoning and maslahah-based child protection.

Keywords: early marriage; Islamic family law; marriage dispensation; maqāṣid al-sharī'ah; systematic literature review