Perkahwinan Bawah Umur dari Perspektif Maqāṣid Al-Sharī‘Ah

Abstract

Every provision in Islam has its wisdom and objective. In general, the objective of syarak is to produce as many benefits (maṣlaḥah) as possible to human beings and to prevent harm (mafsadah) as much as possible from human beings. The marriage contract prescribed in Islam, there is the main objective that is to be achieved by the Islamic law behind the legislation. Recently, the debate on the issue of underage marriage has begun to heat up again. Islamic scholars also have different views on the practice of underage marriage, as this practice is often associated with harms and risks that will be borne by children who marry at a young age. Thus, this article aims to examine the extent to which the practice of underage marriage complies with the Maqāṣid Syariah in the legislation of marriage. This article finds that the practice of underage marriage, in general, can achieve the objectives of syarak in marriage if the marriage is performed with some conditions. In addition, some situations in underage marriage are seen as one of the ways in rejecting the greater mafsadah, such as to prevent the occurrence of adultery, extramarital pregnancies.