MARRIAGE OF UNDERAGE COUPLES DUE TO KHALWAT ACCORDING TO ISLAMIC LAW

A CASE STUDY IN SOUTH ACEH REGENCY, INDONESIA

Abstract

The purpose of this paper is to find out what are the factors and considerations of traditional leaders in forcibly marrying off underage khalwat perpetrators, then how Islamic law reviews the forced marriage performed by village customary leaders to khalwat perpetrators and how and what is the status of underage marriage for khalwat perpetrators according to positive law. From the results of further analysis, the consideration of traditional leaders in marrying off underage khalwat perpetrators is due to the demands of the customary law factor itself and for reasons of preventing adultery and avoiding children born outside of marriage. The implementation of forced marriage carried out by traditional leaders against underage khalwat perpetrators is not in accordance with the concept of Islamic marriage. According to positive law, underage marriage is not justified, unless previously granted dispensation by the court and the consent of the family.