Age Limits for Marriage In Classic And Contemporary Ulum Views; Analyst Study of Underage Marriage Practices in the Fisherman's Village of Saletreng Village, Situbondo Regency

Batasan Usia Perkawinan Dalam Pandangan Ulama Klasik Dan Kontemporer; Studi Analis Praktik Perkawinan Dibawah Umur Masyarakat Kampung Nelayan Desa Saletreng Kabupaten Situbondo

Abstract

In Islam there are no guidelines for regulating underage marriages, among the signs that serve as guidelines for age is only baliq which is an indicator for a man having wet dreams (ihtilam). And for women is bleeding (menstruation). However, in the implementation of Law No. 1 of 1974 paragraph 1 and confirmed by Article 15 paragraphs (1) and (2) of the Compilation of Islamic Law, it is stated that marriage is carried out when the male is 19 years old and the female is 16 years old. However, in reality the Madurese people who are located in Situbondo Regency have a pleasure between reality and ideality. This phenomenon is easy to find in the Madurese community, especially the fishermen village community in Saletreng Situbondo.It is strongly suspected that there is a high rate of young marriages in this area. The results obtained in this study are divided into two indicators of assessing views and the application of the boundaries of the age of the Pekawian in the fishing village community of Salereng Situbondi village towards the views of ukama shalaf and contemporary. First, the practice of underage marriages has become a cultural tradition. Where the majority of people's profession is fishing. Carrying out the practice of underage marriages as a manifestation of adding members to help them in their work such as salting fish, selling fish at the market, to making shrimp paste, the alternative they choose is to marry off their daughters who are still underage. Second, manipulation behavior cannot be avoided by law enforcement officials.