BATAS USIA MINIMAL WALI NASAB DALAM PERKAWINAN PERSPEKTIF ISLAM DAN PERUNDANG-UNDANGAN

This research is a comparative study between the age limit of a guardian in marriage according to Islamic law and according to Indonesian law. With this type of qualitative research and normative theological and normative juridical approaches, with secondary data sourced from the Qur’an and the hadith of the Prophet. Marriage Law, KHI, PMA Number 11 of 2017, and other sources of literature. The results of the study show that: First, in Islamic law the determination of puberty criteria for men is based on ihtilam, and menstruation for women. Second, according to the provisions of article 18 PMA number 11 of 2007, the minimum age for a lineage guardian is 19 years, and for a lineage guardian who is not yet 19 years old, he cannot become a marriage guardian. This is intended for the good and benefit of all parties, because then the marriage custodian who has been Rusyd will be able to decide everything based on rational considerations, not because of emotion.