REKOMENDASI DISPENSASI KAWIN DALAM MENCEGAH PERKAWINAN ANAK DI KABUPATEN PAMEKASAN PERSPEKTIF SADD AZ-ZARIAH

Faidol Mubarok, NIM.: 20203012022 (2023) REKOMENDASI DISPENSASI KAWIN DALAM MENCEGAH PERKAWINAN ANAK DI KABUPATEN PAMEKASAN PERSPEKTIF SADD AZ-ZARIAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Recommendations for dispensation of marriage is an effort taken to minimize the practice of child marriage through counseling and the provision of a marriage dispensation recommendation letter which will later be forwarded to the religious court. Through the recommendation of a marriage dispensation, it is hoped that children and their parents can find alternative solutions besides holding child marriages. One of the areas that enforces the recommendation regulation on marriage dispensation is Pamekasan Regency through the memorandum of understanding MoU No.W13/A-29/745/HM.00/4/2021 concerning Handling of Marriage Dispensation Cases. Recommendations for dispensation of marriage will be reviewed to assess the impact of this regulation on reducing child marriage cases, then it will be reviewed through the sadd az-zariah principle to see whether this regulation is in line with the aim of minimizing and preventing child marriage. This research is a juridical-empirical research which is descriptive-analytical in nature. The author will examine the impact of the recommendations on the marriage dispensation to see the effect of this regulation on reducing child marriage rates in Pamekasan Regency, then will be analyzed through the sadd az-zariah Ibn Qayyim al-Jauziyyah principle to see whether the regulation is in accordance with its objective, namely to minimize the occurrence of early marriage in Pamekasan Regency. The results of the study show, First, the marriage dispensation recommendation has an impact on reducing the number of child marriages in Pamekasan Regency due to the complexity of the marriage dispensation case mechanism that is felt by the community, and the success of the guidance and counseling process in the marriage dispensation recommendation. Second, according to the sadd az-zariah principle of Ibn Qayyim al-Jauziyyah, child marriage which is based on factors of coercion by parents and the factor of breaking up children's education must be prevented to avoid the adverse effects it causes. As for children who are pregnant out of wedlock, it is still recommended to marry young in order to create legal certainty about marriage, fulfill the rights of mothers and children, and cover family disgrace. While the category of children who have not reached the age of 19 years must be opened as much as possible because it can bring goodness in marriage, namely the readiness of a person both mentally and physically to get married. This is in accordance with the concept of fath az-zariah Ibn Qayyim al-Jauziyyah.

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