THE PRACTICAL APPLICATION OF HARMONIZED TAKLIFI AND WADH'I LAWS IN THE INDONESIAN MARRIAGE LAW SYSTEM

Povzetek

The purpose of Islamic law is to achieve social welfare by protecting five important aspects of life, including marriage law. To maintain the validity of marriage in Indonesia, it is very important to harmonize taklifi law, which regulates obligations and prohibitions, with wadh'i law, which stipulates the conditions for a valid marriage. This harmonization is reflected in Law No. 16/2019, which sets the minimum age for marriage at 19 years old, in line with the requirements of baligh in Islamic law. This study aims to provide a deeper understanding of the harmonization of taklifi and wadh'i law in marriage law and how both can be effectively applied in modern Indonesia. The study found that taklifi law establishes obligations and prohibitions in marriage, while wadh'i law determines the conditions for its validity, such as the presence of a guardian and witnesses. In Indonesia, these two laws are integrated through the Compilation of Islamic Law (KHI) and the Marriage Law to maintain the validity of marriage and protect individual rights. Although Law No. 16/2019 has set the minimum age at 19 years, its implementation still faces challenges related to child marriage cases influenced by cultural and economic factors.