MARRIAGE AGE RESTRICTIONS FROM THE PERSPECTIVE OF THE QURAN, REPRODUCTIVE HEALTH AND THE LAW

Abstract

The Qur'an when talking about the appropriate age for marriage does not use a specific age parameter, but uses terminology that refers to biological and psychological maturity so that society assumes that the mature age for marriage is human freedom to determine. Because of this assumption, the number of child marriages in Indonesia is still relatively high. If associated with Muhammad Syahrur's limit theory, then there is no prohibition as long as it does not cause harm, but it will be the opposite if based on research it can cause harm, in other words, it is necessary to provide a lowest limit that provides benefits to all humans. Based on the research results, although not entirely, child marriage has a negative impact not only on the child concerned, but also on the child who is born and leads to a bad future for the nation. Law Number 23 of 2002 concerning Child Protection explains that children's rights are part of human rights (HAM) that must be guaranteed, protected, and fulfilled by parents, families, communities, countries, governments and local governments. One way to protect children's rights is by increasing the minimum age of marriage. In addition to protecting rights, increasing the minimum age of marriage also aims to avoid the impression of gender discrimination because the minimum age of marriage for men is 19 years old while for women it is 16 years old. Compared to other countries, the minimum marriage limit in Indonesia is relatively high. Although child marriage is not the only cause of the threat to the safety of mothers and children, it is better to avoid possible harm than to.