زواج القاصرات وتحديد سن الزواج في ضوء مقاصد الشريعة: دراسة مقارنة مع قانون الأسرة الإسلامية بولاية قدح

Abstract

This study aims to address the issue of child marriage in light of the tension between the classical juristic consensus affirming its permissibility and the provisions of the Islamic Family Law in Kedah, Malaysia, which stipulate a minimum age for marriage. The importance of this research lies in the absence of a specialised study that clarifies whether this law aligns with or contradicts the higher objectives (maqāṣid) of Sharī'ah, particularly given the ongoing juristic, legal, health, and social debates surrounding the matter. To resolve this problem, the researcher employs the inductive method to collect relevant textual evidence and scholarly opinions from classical Islamic jurisprudence, as well as legal provisions and related cases in Kedah. These sources are then analysed through the analytical method. A comparative approach is also applied to examine the intersections and divergences between Islamic jurisprudence, Kedah’s legal framework, and the objectives of Sharī'ah, with a focus on achieving public welfare and preventing the harms associated with child marriage. It is expected that this study will yield a clear understanding of whether Kedah’s minimum marriage age law is consistent with the objectives of Sharī'ah or in conflict with them. The findings will contribute to academic, juristic, and legal discourses while offering insights that may guide policymakers, Sharī'ah judges, and scholars in addressing this sensitive issue.