Reforming Marriage Age Limit for Women in Indonesia: A Mubadalah and Maqāṣid al-Syarī'ah Analysis

Abstract

This study analyzes the theological paradigm shift reflected in Indonesia’s Marriage Law No. 16/2019, which raised the minimum legal age of marriage for women from 16 to 19 years, thereby establishing an equal minimum marriage age for both men and women. The study aims to examine the alignment between this legal reform and Islamic jurisprudence by providing a progressive theological justification through the perspectives of Mubadalah (reciprocity) and Maqāṣid al-Syarī’ah. Employing a juridical philosophical approach, this research uses qualitative library research by examining primary sources, particularly Law No. 16/2019, and secondary sources consisting of Islamic jurisprudence literature and relevant scholarly works. Data are analyzed through content analysis to examine the legal and theological arguments underlying the regulation. The findings indicate that the equalization of the minimum marriage age represents a shift from a predominantly textualist understanding of Islamic family law toward a contextual and progressive approach. Through the Mubadalah perspective, the age of 19 can be understood as reflecting the need for equal biological and psychological maturity (rushd) for both spouses, rather than relying solely on the attainment of puberty (baligh). Furthermore, the regulation is consistent with the objectives of Maqāṣid al-Syarī’ah, particularly the protection of life (hifẓ al-nafs) and offspring (hifẓ al-nasl), by seeking to prevent the potential harms associated with child marriage. This study is limited to normative and philosophical analysis and does not empirically assess the effectiveness of law enforcement or its sociological impact on child marriage rates in specific regions. Its originality lies in positioning Mubadalah not merely as an interpretive method but also as a theological principle that can support state-led family law reform. The study demonstrates how progressive Islamic values can provide a normative basis for legal reform while responding to arguments that minimum age restrictions are incompatible with Islamic principles.