PERNIKAHAN ANAK USIA DINI DALAM HUKUM ISLAM DAN HUKUM POSITIF INDONESIA: PERBEDAAN DAN HARMONISASI PRINSIP HUKUM KELUARGA

Abstract

Early child marriage remains a significant issue in Indonesia due to its impact on health and education, and violations of children's rights. This study aims to examine the differences and find common ground between the principles of marriage in Islamic law and Indonesian national law, particularly in efforts to protect children's rights. The method used was qualitative with a descriptive-analytical approach, as well as a normative-juridical approach. Data were collected through literature review and analysis of legal documents, such as laws, religious scholars' fatwas, and government policies. The results of the study indicate fundamental differences between Islamic law and Indonesian positive law. In Islamic law, guardians play a significant role in determining child marriage, while national law sets a strict minimum age for marriage and requires dispensation from the courts in cases of exception. As a solution, this study recommends increasing public education about the importance of child protection and training for law enforcement officials to ensure that the marriage age policy is truly implemented in the best interests of children.