Jumni Nelli and Nia Elmiati (2023) Contextualization of Hadith on the Recommendation of Marriage and Its Relevance to the Legal Age of Marriage in Indonesia. An – Nida’, 47 (1). pp. 73-90. ISSN ISSN 2407-1706 |Online Version ISSN 0853-1161 |Print Version

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Abstract

Determination of the age of marriage in Indonesia from 19 years for men and 16 years for women to 19 years for men and women is considered contrary to Islamic law, especially the hadith advising marriage. This study aims to confirm that the hadith advocating marriage has a connection with setting the age limit for marriage in Indonesia. This research is qualitative research using the approach to understanding the hadith, namely by understanding the meaning of the hadith about the recommendation to marry, then it is analyzed using a statutory approach, namely (statute approach) and other approaches. The data were obtained from hadith books, applicable laws in Indonesia, and other data such as journals and other articles related to this paper. The results of the research explain that the hadith advocating marriage is relevant to the age limit for marriage in Indonesia. The hadith advising youth to marry means youth between the ages of 16 and 30. The word ba'ah (able) in the hadith is understood by scholars as the ability to perform jima' (sexual intercourse) and the cost of marriage. The ability to have sexual intercourse is interpreted in a broad sense, namely being able to have sex and bear the consequences of that sexual relationship (to have children). Being able to afford a wedding is interpreted as the economic ability of the family and those related to the family economy. If it is related to the age that is "able," according to this hadith in Indonesian culture, are those who have graduated from high school, that is, at least 19 years old.

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