The Ideal Age for Marriage in The Compilation of Islamic Law (KHI) and Psychology

: The Ideal Age for Marriage in The Compilation of Islamic Law (KHI) and Psychology. This article discusses the ideal age for marriage which is examined from the perspective of Islamic law and psychology. The aim is to gain a broader understanding that can be used as material in drafting a better statutory provision. This research is library research which is descriptive in nature, using secondary data in the form of primary and secondary legal materials. The results showed that the age of marriage stated in Article 15 paragraph 1 of the Compilation of Islamic Law (KHI), namely the prospective husband is 19 years and the prospective wife is 16 years, is the result of the ijtihad of Indonesian scholars based on considerations for the benefit of the family and household. Such an age limit is deemed sufficient as the age of maturity to enter into a marriage. However, when viewed from the perspective of psychology, this age limit is still in the developmental period of adolescence and is still far from being of a mature age category. According to psychology, the ideal age for marriage is 21 to 25 years for women and 25 to 30 years for men. In this age range, the prospective bride and groom are considered ready to settle down, because they have full maturity, both physically and mentally, and can accept responsibility for managing the household.


Introduction
Family life demands big roles and responsibilities for men and women. 1 This means that to get married, the couple who are about to get married need maturity that is not only biological but also psychological.The maturity of the two prospective brides is also intended because the marriage has a noble purpose, namely creating a sense of responsibility to realize a good marriage so that it does not end in divorce.Marriage at an immature age, especially for women, can cause various negative impacts such as damage to the reproductive organs, young pregnancy, and psychological risks. 2 Apart from that, the mother is also prone to get anemia from pregnancy/iron deficiency in the blood, high blood pressure, miscarriage, premature birth, birth defects, low baby weight, cervical cancer, postpartum depression, and the most fatal is maternal death during childbirth. 3rthermore, according to Agus Syahur Munir, the age of marriage has a very close relationship with the pattern of building a household.Marriage for someone of an immature age will result in unstable household conditions.This is because the thoughts and feelings of someone who is not mature enough tend to be unstable, so they cannot address problems that arise in the household wisely but with an attitude that tends to be arrogant and prioritizes their ego. 4This means that carrying out a marriage without proper preparation will harm the husband and wife, it indirectly reflects an unappreciative attitude toward the meaning of marriage.
Meanwhile, regarding the issue of the minimum age limit for marriage, Article 15 paragraph 1 of the Compilation of Islamic Law (KHI) explains as follows: "For the benefit of the family and household, marriage may only be carried out when the prospective bride and groom have reached the age stipulated in Article 7 paragraph (1) of Law No. 1 of 1974, that is, the prospective husband is at least 19 years old and the prospective wife is at least 16 years old." 5 The provisions in the KHI were subsequently amended in line with the most recent amendment to the marriage law, namely Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage.In this new regulation, it is stated that both men and women are allowed to marry if they are 19 years old.Unfortunately, when viewed from the perspective of psychology theory, the age provision in the amendment to the law cannot be categorized as a mature age.
The age of marriage specified in the Compilation of Islamic Law (KHI) above is based on the Ijtihad of the Ulama which can be said to be not in line with the age of maturity psychologically, so the goal of marriage to form a sakînah, mawaddah, and rahmah (peaceful, harmonious and prosperous) family6 is difficult to achieve.To form a marriage that has a perfect meaning, namely as an inner and outer agreement made by a man and a woman to live together, is not as easy as imagined, 7 many things must be prepared by the bride and groom, especially those related to physical and mental maturity.This is because both parties will have a great responsibility in maintaining the continuity of their household by fulfilling their respective rights and obligations reciprocally. 8ased on the explanation above, this research is focused on criticizing the minimum age requirement for marriage as stipulated in the KHI through the scientific theory that has developed in the field of psychology.Through this effort, it is hoped that an ideal age limit will be obtained that can be applied to future marriage regulations.
It must be stated here that this study of the ideal age for marriage is not new in the scientific discipline of family law.Several previous studies address the same issue as written by several researchers, including Holilur Rohman,9 Teguh Ansori, 10 Ahmad Asrori, 11 Nur Ihadatul, 12 Musyarrafa dan Khalik, 13 Khairunnisa dan Winanti, 14 Mayadina Rohmi Musfiroh, 15 and others.The difference between this research from previous research is that the research that the author used a psychological perspective, while previous research generally highlighted it from the perspective of Islamic law and Muslim scholar's ijtihâd (legal opinion).

Research Methods
This research is library research which is descriptive in nature.The data used is secondary data in the form of primary, secondary, and tertiary legal materials. 16The data was collected through a search of literature and reference books related to the issues discussed and careful reading of the books collected.
Data was collected through a search of literature and reference books related to the issues discussed, followed by careful reading.The data that has been collected is then processed through three stages: data checking (editing), data reconstruction (reconstructing), and data systematization (systematizing), and then analyzed using deductive analysis.

The Concept of Marriage in Islam
Etymologically, the term marriage, in Indonesian, comes from the word "kawin" which means: forming a family with the opposite sex; having sex or intercourse.Marriage in another term is also called "nikâh" which comes from the Arabic word ‫)نكاح(‬ which means: gathering, or having intercourse (wath' i).17In the Qur'an and Hadith, marriage is called al-nikâh ‫)النكاح(‬ and al-zawâj ‫.)الزواج(‬The word al-zawâj ‫)الزواج(‬ comes from the root word zawwaja ( َ ‫ج‬ ّ َ ‫و‬ َ ‫)ز‬ which means mate, or partner.The word applies to both men and women, zawj for a woman means her husband while zawjah for a man means his wife. 18The words nikâh and zawâj cannot be separated, because the ijâb and qabûl made by the wâli and the groom contain both of these words.
In terms of terminology, the term marriage means: to enter into a contract or agreement between a man and a woman to bind themselves as husband and wife to legalize sexual relations between the two.Sayyid Sabiq, in his book entitled Fiqh Sunnah, explained that what is meant by marriage is a way chosen by God as a way for humans to have children, reproduce and preserve their descendants after each partner is ready to play a positive role in realizing the goals of marriage. 19cholars of Fiqh Madzab differ in opinions on the definition of marriage.According to some Hanâfiah scholars, what is meant by marriage is a contract that provides benefits and (results in) ownership for conscious (deliberate) pleasure for a man and a woman, especially to obtain biological pleasure. 20According to the Mâliki school of thought, marriage is an expression (designation) or title for a contract that is carried out and is intended to achieve (sexual) pleasure solely. 21eanwhile, according to the Shâfi'i madzab what is meant by marriage is a contract that guarantees ownership (for) intercourse by using the pronunciation "inkâh" or "tazwîj" or derivatives (meanings) of both". 22he difference in the definition of marriage put forward by the schools of fiqh above is essential to fulfilling biological needs lawfully and legally.
According to Shara' (Islamic teachings), marriage is a contract between a man and a woman to mutually satisfy each other and to form a peaceful and prosperous family. 23Whereas, according to the Compilation of Islamic Law (KHI) marriage is mitsâqan ghalîzhan (a very strong contract) to obey Allah's commands as a form of worship. 24om the definitions above, it can be concluded that marriage is a contract that justifies intercourse between a man and a woman which creates obligations and rights for both of them after the marriage contract is made to become a sakînah, mawaddah, and rahmah (peaceful, harmonious and prosperous) family that is blessed by Allah SWT.Furthermore, in Islamic law, marriage is highly recommended.This is supported by the many verses of the al-Quran and al-Hadith which encourage Muslims to marry.One of them is the word of Allah SWT in the Qur'an, Surah al-Nur verse 32: "And marry those who are alone among you, and those who are worthy (married) of your male slaves and your female slaves.if they are poor Allah will enable them with His grace.and Allah is Extensive (His gifts) and All-Knowing." 25garding when it is permissible for a person to marry, however, Islamic Sharia does not regulate it clearly and unequivocally.In other words, Muslims are given the freedom to set age limits based on individual conditions, as long as it does not violate predetermined conditions, and is adapted to the social conditions and situations in which the law will be enacted. 26The Fuqaha, as can be found in their works, generally agree that the condition of bâligh (adulthood) is a prerequisite for marriage which is indicated by menstruation for girls and wet dreams for boys. 27e purpose of marriage in Islam is to obtain legitimate offspring through a harmonious, peaceful, and prosperous household. 28This goal can not be achieved if the prospective bride and groom are immature or not old enough because they are considered not to have matured both physically and psychologically.
The principle of maturity of the two prospective bride and groom is important to consider because the marriage contains a lofty goal, namely to create an attitude of responsibility between the two husband and wife so that they can realize a lasting marriage, without ending in divorce.Furthermore, to create a good and long-lasting marriage, the ideal age at the time of marriage is a separate requirement.The ideal age is said to be very important because generally the success of a marriage is determined by the maturity factor which is supported by the adequacy of the ages of the two bride and groom.

The Minimum Age for Marriage in the Compilation of Islamic Law
An important principle that is carried out by Islamic marriage laws in the Islamic world is the principle of maturity or adulthood of the prospective bride and groom.The marriage law adheres to the principle that every prospective husband and wife who wishes to enter into a marriage contract, must really be physically and psychologically mature, or must be physically and spiritually ready, following the meaning stated in the act that "Marriage is an inner and outer bond between a man and a woman".In connection with this principle of maturity, one of the standards used is the determination of the minimum age for marriage. 29e Compilation of Islamic Law (KHI) 30 , which was born in 1991, also contains several provisions regarding the minimum age for marriage.Initially, as stated in Article 15 paragraph (1), it was determined that marriages may only be carried out by prospective husbands who have reached at least 19 years of age and prospective wives who are at least 16 years old. 31Then, based on changes in the marriage law, this provision was changed to 19 years for both prospective husbands and prospective wives.The main consideration in determining the minimum age limit is for the benefit of the family and the continuity of the household as well as a middle ground between too low and too high age.
The rule regarding the age limit for marriage in the Marriage Law is a result of ijtihâdiyyah (legal opinion) from activists of Islamic law in Indonesia.The age limit as stipulated is considered sufficient and fulfills the element of maturity.A marriage carried out under the provisions stipulated by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage is feared will result in disharmonious, and miserable families.
Furthermore, the household is the smallest part of the community in the country.Therefore, the role of the family in increasing individual development capacity into nation-building will be very strategic.The family builds human qualities in a complete sense, namely in terms of health, education, character, attitude, and others.This means that the family has a central role in the formation of individual character in nation-building.Seeing how important the role of the family is in the Republic of Indonesia, the parties who will carry out the marriage must have met the requirements for this, including the maturity of their body and soul.
The question now is whether the age limit that has been regulated in the law is ideal.This question requires a clear and definite answer.Because, even though according to Islamic law and positive law marriages carried out by the bride and groom who have met the minimum age 32 limit are declared valid, does such an age limit meet the level of psychological and mental maturity, so that they are considered capable of carrying out their responsibilities as a marriage partner?husband and wife or as parents to the fullest?This is debatable.

The Ideal Age of Marriage from a Psychological Perspective
The maturity of one's soul can be studied through a psychological approach, because psychology is a science that studies normal, adult, and civilized human psychological symptoms. 33According to psychological theory, ideally, a couple who will marry should have entered a period of adult development, because adulthood is a relatively stable period and is at the peak of physical fitness.By achieving maturity status, 32 Andrea J. Melnikas and others, 'Perceptions of Minimum Age at Marriage Laws and Their Enforcement: Qualitative Evidence from Malawi', BMC Public Health, 21.1 (2021), 1350 <https://doi.org/10.1186/s12889-021-11434-z>;Minzee Kim and others, 'When Do Laws Matter?National Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility,  1989-2007', Law & Society Review, 47.3 (2013): 589-619 <https://doi.org/10.1111/lasr.12033>.
33 Noer Rohmah, Psikologi Agama (Surabaya: Jakad Media Publishing, 2020), p. 35. a person's sense of responsibility for himself and others will increase, including the ability to make decisions independently to achieve financial independence. 34person's maturity is always associated with physical strength, readiness to reproduce, the ability to digest information (cognitive), build attitudes (affective), and do something (psychomotor).Apart from that, maturity is also often associated with mental maturity, social behavior, and the ability to play a role with other individuals in society. 35In the psychosocial development phase, a person will experience a process of maturation of personality and lifestyle and will be able to mingle with the community. 36 the early phase of maturity, a person will have a strong physique, which is useful for overcoming or solving problems that arise in daily life. 37n addition, the early phase of maturity is also related to reproductive abilities which are marked by the emergence of the desire to live together with the opposite sex in a household.In women, readiness to reproduce is marked by the periodic presence of menstruation coupled with the development of several bodily functions that enable a woman to assume the status and role of a housewife. 38e fulfillment of roles and responsibilities as husband and wife requires certain conditions, one of which is physical maturity and emotional stability.At the age of adulthood, humans already can think, understand and analyze things.This ability is the main potential that will help married couples in carrying out the ark of household life as well as being useful in dealing with household problems.
Marriage requires responsibility in the household.Because of the importance of fulfilling responsibilities for the harmony and continuity of the household, everyone who is getting married should have sufficient preparation.Which is not only about material readiness but also about mental and spiritual readiness.Couples who do not have the readiness as mentioned above tend to experience difficulties in dealing with life's problems, which can then trigger conflict, which then, if not resolved, can lead to divorce.The facts show that a very high divorce rate occurs in many couples who marry at an early age, because in essence, they are not ready to accept the burden of responsibility, especially the burden on the household economy.Therefore, the assumptions that must be built must refer to complementary dimensions, both individual and social.These aspects should be owned by the prospective husband and wife as part of fulfilling a sense of responsibility, both towards themselves, their partners, their descendants, and the community environment.
From the point of view of psychology, the stipulated age for marriage in the Compilation of Islamic Law (KHI), which is 19 years, has not yet entered the age of maturity, or to be more precise is still in his teens.When a teenager gets married, generally this is not driven by the desire to build a household, but rather by unrealistic things, especially romantic shadows.Teenagers in this phase are still far from being mature and steady, because their mental condition is still unstable and cannot bear the heavy burden of responsibility.Someone who does not have sufficient preparation to enter the household gate will experience various psychological pressures in the form of:

Severe Depression (Neuritis)
The age of children approaching adolescence is an age full of imagination and creative ideas.As a result of early marriage can make the couple withdraw from their association and become a closed person (introvert).

Conflicts that End in Divorce
The world of teenagers who are still preoccupied with managing life and themselves makes a teenager unprepared for a change in marriage.From a positive perspective, he will try and try to be responsible for his actions.but the emotional instability that exists in him causes him to be unable to control his emotions so that problems cannot be resolved properly and lead to divorce.

Mental Disorders
Entering the household ark at a very young age is not an easy matter.Teenagers tend not to be able to manage emotions and make decisions well.As a result, when faced with domestic conflict, some teenage married couples resort to violence.This certainly leads to mental disorders such as depression, anxiety, dissociative disorders (multiple personalities), and psychological trauma such as PTSD (post-traumatic stress disorder), which is a mental health disorder that occurs after a person experiences severe trauma.In addition, miscarriages or the loss of children that often occur in teenage married couples can also cause mental disorders and trauma.

Social Pressure
Other psychological burdens will also be felt by early-age couples, both those who come from close families, relatives, and the community.Young men will be required to become the head of the household as well as earn a living for the family, even though they are still relatively young.Meanwhile, women are required to be able to raise and take care of children as well as a household even though psychologically they are not fully prepared to carry out such a big responsibility.Finally, if the couple cannot meet social demands, then they will be ostracized and labeled badly by the people around them and it will be increasingly difficult to get support from people around them when they need it.
Entering adulthood, an individual is expected to have reached a point of mental and emotional maturity which has a major effect on the strength of the household.Mature emotions are needed by every couple who wants to build a household to prevent and resolve domestic conflicts.A successful marriage cannot be expected to emerge from a partner who is still raw, both physically and mentally emotionally.Marriage requires maturity and responsibility; therefore young people should wait patiently until they reach the ideal age.
If aligned with the issue of the ideal age to carry out marriage, then from a psychological point of view the aspect of maturity becomes quite important and relevant.However, the concept of the ideal age for marriage is not an easy thing to formulate in a definition.Not to mention the added local culture which also plays a role in determining maturity criteria.Each culture is different in determining the status of adulthood conceptually and operationally.However, there is the same view among them, namely that marriage is an institution that is holy and needed in human life.
The age to get married should not only be based on an estimation that a person is mature, but is closely related to psychological development, and economic and social growth.According to a psychologist, Andi Mappiare, the ideal age for marriage for a man is between the ages of 25 and 30.This is because at that age a man will reach mature thinking, economics, and psychology, has broad social relations, and has a perfect concept of himself and the values of life.For women, the ideal minimum age is 21 to 25 years, bearing in mind that at that age a woman will have emotional stability and be at the peak of physical fitness.With this achievement, she will be able to manage various household issues, especially those related to her role as a wife.
The expert opinion above is very relevant to the current reality, where at that age a person is expected to have completed higher education which can be one of the supporters in achieving thinking maturity and economic stability.It is hoped that at that age the thoughts, soul, and economy of the prospective couple who will marry will have reached a level of maturity so that they can be useful in building an ideal and prosperous household.This is also in line with government programs through the National Population and Family Planning Agency (BKKBN) which also recommends the ideal minimum age for marriage, which is 21 years for women and 25 years for men.This is also based on the theory in health sciences which states that the ideal age for biologically and psychologically mature is 20-25 years for women, and 25-30 years for men.This age is considered the best time for a household because they are mature and can think maturely.This recommendation is intended for the good of society so that newly married couples have adequate readiness to sail the household ship as well as the ability to create quality husband and wife relationships.It must be acknowledged that maintaining household harmony and longevity is not an easy job, because it requires the ability to think and act appropriately in dealing with any shocks that arise, both economic and non-economic shocks, internal and external.
Regarding the provisions of the Compilation of Islamic Law (KHI), which determines the age limit of 19 years for boys and girls, it needs to be reviewed because it is estimated that 19-year-old men have just graduated from high school.Too young to take responsibility in the household and to solve problems in the household.At that age, they should still be focused on finding their own identity and tend to see new things that are outside the family environment and have not been able to meet their own financial needs.
A good marriage is at an ideal age, both psychologically and biologically, and refers to the attainment of a person's maturity stages in thinking which is reflected when he interacts in the family and community environment.A person's readiness to marry is also indicated by deep knowledge of how to manage a good household according to religion and state law.
Thus a psychological review of the ideal age of marriage focuses on psychological aspects.However, it must also be admitted that the concept of ideal age is not completely absolute, bearing in mind that cultural aspects also influence the determination of that concept.In other words, it is possible that someone who is married can be seen as having met the criteria of maturity, even though in reality the person has not yet reached adulthood.

Conclusion
Based on the explanation above, it can be concluded that the determination of the age of marriage as stipulated in Article 15 paragraph 1 of the Compilation of Islamic Law (KHI) and other statutory provisions is not based on in-depth and comprehensive considerations but is the result of the ijtihad of Indonesian scholars based on consideration of the benefit of the family and household.
The provisions regarding the minimum age for marriage as regulated in KHI, when viewed from the perspective of psychology, can be said to be far from ready and mature.The age of 19 years is still within the scope of adolescent development.At this age, the mental condition is still very unstable, and not yet able to assume responsibility, both as husband and wife and as the head/mother of the household.Ideally, according to psychological theory, a person gets married after reaching a certain age, namely the ages of 21 to 25 years for women and the ages of 25 to 30 years for men.It is at that time that a person can be categorized as having reached perfect physical and psychological maturity so that he will be ready to assume household responsibilities, both as the head of the household and as a housewife.