Abstract
The study titled Consideration of Benefits (Maslahah) and Harm (Mafsadah) in Child Marriage Cases in Malaysia from the Perspective of Maqasid al-Syariah aims to examine the practice of child marriage in Malaysia by analyzing its alignment with the principles of Maqasid al-Syariah, particularly in balancing the benefits and harms. The practice, prevalent in certain communities, raises significant concerns about children's rights, education, and long-term well-being. The primary objective of this research is to investigate whether child marriages fulfil the objectives of Islamic law, which emphasizes the protection of religion, life, intellect, lineage, and wealth. Using a qualitative approach, this study relies on document analysis and in-depth interviews with two industry practitioners in the state religious department in Selangor and Pahang the socio-economic, religious, and cultural justifications for child marriage. The findings suggest that while certain benefits, such as avoiding illicit relationships, are considered, the overall harms, including the potential for physical and psychological harm to children, outweigh the perceived benefits. The study concludes that child marriages often fail to meet the core objectives of Maqasid al-Syariah, particularly in safeguarding health, intellect, and future potential. The implications of this research suggest a pressing need for legislative reform and enhanced public awareness to protect children’s rights and well-being, aligning the legal framework with the higher objectives of Islamic law.
Keywords: child marriage, child’s right, Islamic law, mafsadah, Maqasid al-Syariah, maslahah