Pendidikan Pernikahan Perspektif Hukum Islam dan Hukum Positif

Abstract

Marriage in Islam is a sacred institution that is seen as worship to form a sakinah family and preserve offspring (tanāsul). However, there is a striking gap between the noble goal of having offspring and the social reality in which some parents commit the murder of biological children. This phenomenon is often triggered by economic factors or poverty (imlaq) and the mental unpreparedness of young couples in dealing with domestic problems. This study explores in depth the prohibition of killing children due to poverty by synergizing Islamic authoritative sources (Qur'an, Hadith, and Fiqh) with a positive legal framework in Indonesia, and analyzes its relevance to the minimum age of marriage policy. The mental readiness of married couples is the main key in maintaining the value of maqāṣid al-syarī'ah, which is the protection of the soul (ḥifẓ al-nafs). This study concludes that strengthening premarital education and limiting early marriage dispensation is not only a matter of administrative fulfillment, but also a theological and juridical preventive effort to ensure that the purpose of marriage to have children does not end in a humanitarian tragedy. Thus, the harmonization between religious understanding of sustenance and the firmness of positive law is a vital instrument in protecting children's right to life in Indonesia.