Socio Juridical Analysis of Underage Marriage Caused by Pre-Marital Pregnancy: a Case Study in Banggai Islands Regency

  • Wardin Tolodo Departement of Islamic Family Law, Universitas Islam Negeri Datokarama Palu
  • Muhammad Akbar Departement of Islamic Family Law, Universitas Islam Negeri Datokarama Palu
  • M. Taufan B. Departement of Islamic Family Law, Universitas Islam Negeri Datokarama Palu
Keywords: Underage marriage, pre-marital pregnancy, socio juridical analysis

Abstract

This study discusses a socio-juridical analysis of underage marriages caused by  pre-marital pregnancy in Banggai Islands Regency. The aims of this study are to discuss  socio-juridical review of underage marriage in Banggai Islands Regency and  the impacts  from the existence of underage marriages on household harmony. This study used a qualitative method. The data was collected through direct observation, in-depth interviews, and writeen document analysis. The data, then, was analysed using themnatic analysis to find themes from the data. This study found that based on  Law no. 16 of 2019 concerning marriage age limit, women are permitted to  be married after age nineteen  years old and .  However, in an eergency case, a woman under nineteen years olad is allowed to be marreid if her parents obtain a dispensation from the religious court. Such emergency condition may be pre-marital pregnancy or economic problems. In some cases of underage marriage, we found that  cauples underage marriages experience more negative impacts than positive impacts on the harmony in the their relationship. Negative impacts include women physical and mental health, and also economic limitation. We also found that most of pre-marital pregnancies were caused by permissive relationship, low education, lack of parental attention, promiscuity, misuse of technology, and lack of knowledge or understanding of religion.

Published
2022-12-12
How to Cite
Tolodo, W., Akbar, M., & B., M. T. (2022). Socio Juridical Analysis of Underage Marriage Caused by Pre-Marital Pregnancy: a Case Study in Banggai Islands Regency. INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, 4(2), 1-13. https://doi.org/10.24239/ijcils.Vol4.Iss2.47
Section
Articles