Perkawinan Anak dalam Perspektif Sosiologi Hukum Islam

Abstract

This study examines the phenomenon of child marriage practiced among various social groups in Pakong Village through the lens of the sociology of Islamic law, an issue that has not previously been explored with Pakong as its research locus. The research employs a sociological approach to Islamic law in order to analyze the reciprocal relationship between social transformation and Islamic legal norms within the community. Data were collected through interviews and literature reviews, and analyzed using Berger and Luckmann’s theory of social construction along with functionalist theory in the sociology of law. The findings indicate that child marriage in Pakong Village is perceived as a cultural tradition and social heritage transmitted across generations, fundamentally grounded in religious norms, and that marriage at the age of 16 to 18 is considered socially acceptable. The persistence of this practice is sustained by religious justifications and the community’s belief that such cultural traditions do not constitute a social or moral problem.