NIKAH IJBAR ANAK USIA DINI PERSPEKTIF MAQASHID SYARIAH DAN MASLAHAT MURSALAH

Abstract

Abstract: This study aims to analyze the practice of nikah ijbar (forced marriage by a guardian) involving early-age children through two main analytical frameworks: maslahah mursalah and maqasid al-syari‘ah. Child marriage remains a critical issue in Indonesia’s Islamic family law, especially when justified by the classical concept of the guardian’s authority (ijbar) under the pretext of achieving public benefit (maslahah). This research employs a normative juridical method with an Islamic legal approach, focusing on classical fiqh literature, contemporary legislation, and the implementation of maqasid-based legal reasoning. The findings indicate that, in principle, nikah ijbar for underage children contradicts the maqasid al-syari‘ah—particularly the objectives of preserving life (hifz al-nafs), intellect (hifz al-‘aql), and lineage (hifz al-nasl)—and fails to fulfill the requirements of maslahah mu‘tabarah (recognized benefit). However, in exceptional and urgent situations where real and measurable benefits can be proven, such practice may be considered temporarily permissible under maslahah mu‘tabarah. Therefore, the legal status of nikah ijbar for early-age children, from the perspective of maslahah mursalah and maqasid al-syari‘ah, is conditional (tahqiq al-manaṭ), depending on the balance between benefit and harm in the existing social context.