Analisis Teori Human Capital dan Maqasid al-Syari’ah Terhadap Nikah Paksa di Desa Grabagan Tuban

Analysis of Human Capital Theory and Maqasid al-Syari'ah on Forced Marriage in Grabagan Village, Tuban

Abstract

The phenomenon of forced marriage at a young age in Grabagan Village, Grabagan District, Tuban Regency remains a social problem influenced by family pressure, economic factors, and strong traditions. This research is an empirical legal study that aims to directly examine the phenomenon of forced marriage at an early age in Grabagan Village. This practice is often considered a solution to maintain family honor, but in reality it actually has negative impacts, such as hampered education, increased health risks, and low family welfare due to the physical, psychological, and social unpreparedness of the couple. From the perspective of human capital theory, early marriage is seen as a failure of human resource investment because it limits educational opportunities and skills development, thus potentially maintaining poverty between generations. Meanwhile, according to maqasid al-shari'ah, forced marriage at a young age is not in line with the goals of maintaining the safety of the soul (hifz al-nafs), preserving offspring (hifz al-nasl), preserving religion (hifz al-din), preserving reason (hifz al-'aql), and preserving property (hifz al-mal).