Batasan usia perkawinan dalam perspektif ulama klasik dan kontemporer

Hatta, Moh (2016) Batasan usia perkawinan dalam perspektif ulama klasik dan kontemporer. Al-Qānūn: Jurnal Pemikiran dan Pembaharuan Hukum Islam, 19 (1). pp. 66-88. ISSN 2088-2688

[thumbnail of Moh. Hatta_Batasan Usia Perkawinan.pdf] Text
Moh. Hatta_Batasan Usia Perkawinan.pdf

Download (706kB)


Determination of the age limit for marriage is very important, because a marriage in addition to biological maturity also requires psychological. Marriage age restrictions are not discussed in the books of fiqh. Even the books of fiqh allow mating between males and females are still small. However, the absence of proof that explicitly limits the age of marriage is not the end of the establishment of a law. This paper wants to examine how the opinions of the scholars of the age limit of marriage, especially in classical and contemporary scholars, which in this case is focused on the opinion of Ibn Kathir (as classical scholars) and Rashid Rida (as contemporary scholars). At the end of the article concluded that bulugh al-nikah according to Ibn Kathir (classical scholars) means old enough or smart, while according to Rashid Rida (contemporary scholars) means the arrival of a person to age for marriage, namely to dream. The difference is because the interpretation of Ibn Kathir more focused on the physical aspect of the outward and simultaneously have mukallaf, while Rashid Rida focuses on the mental side, which is seen in the attitudes and behavior.

Item Type: Article
Hatta, Moh
Uncontrolled Keywords: Ulama klasik; ulama kontemporer; batas usia nikah
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012899 Islamic Family Law not elsewhere classified
Divisions: Fakultas Syariah dan Hukum > Hukum Pidana Islam
Depositing User: Abdun Nashir
Date Deposited: 22 Sep 2021 02:31
Last Modified: 22 Sep 2021 02:31

Actions (login required)

View Item
View Item