SANTRI'S VIEWS ON THE RECONSTRUCTION OF THE MINIMUM AGE OF MARRIAGE

(Case Study at Nailul Ula Boarding School Center Yogyakarta and at Manarul Huda Boarding School Kudus)

Abstract

The Constitutional Court ordered the DPR to revise thelimits on child marriage as stated in Article 7 paragraph (1) of the marriage law. So that the DPR and the government stipulated Law 16 of 2019 concerning amendments to Law 1 of 1974 concerningMarriage. This law still causes turmoil from variousparties, including from the Islamic boarding schools, especially santri.This research is seen from its typeincluding in field research (field research). Meanwhile, from its nature, this research is descriptive-analytic in nature. The data collected and processed are in theform of primary data (data from interviews with thestudents) and secondary data (data from literaturesearches). The data was studied and analyzedqualitatively and then conclusions were drawn. The approach applied in this research is the sociology oflaw approach.The conclusion of this study shows thatthe opinions of salaf and modern students are almostthe same, but there are some differences. Some salaf students disagree with this reconstruction because theyare more adamant on the yellow book which shows thatbalighlah is not an age reference, while modern students are the opposite. There is no qat'i formulationin Islam regarding the age limit for marriage so thereare two opinions. First, the salaf students agree thatmarriage is under the age limit with a note that thereare benefits, the two modern students do not agree tounderage marriage because they have not graduatedfrom high school, maqasid syariah hifdz an-nasl is not achieved . The factors that influence the views of thesantri are internal in the form of references used andthe use of different arguments; external in the form ofteacher background, educational methods and theenvironment.