TY  - THES
N1  - Pembimbing: Vita Fitria, S.Ag., M.Ag.
ID  - digilib61756
UR  - https://digilib.uin-suka.ac.id/id/eprint/61756/
A1  - Siti Rohani, NIM.: 19103060022
Y1  - 2023/06/27/
N2  - Marriage dispensation is an effort for those who want to marry but do not meet
the age limit for marriage set by the government. Marriage dispensation is applied for
by the parents of the child who wants to apply for marriage dispensation. The marriage
dispensation is filed in the Religious Court where the applicant resides. The judge who
determines the acceptance or rejection of the application for marriage dispensation. In
ijtihad, the judge in determining the settlement has considered as well as possible,its
fairness and benefit or good for the common.
In this study, the type of research used is library research with a shortnumber
of fiqh proposals. The nature of research is comparative analysis, namely research by
looking at two similar things and then analyzing the differences and similarities of the
problem. Furthermore, the method of data collection with documentation methods is to
obtain data related to this study then analyze and study from the data which is similar
in the form of a copy of the determination of marriage dispensation No.0035 / Pdt.P /
2011.PA. Sal and No.0075/Pdt.P/2013/PA.Kds. obtained from the Web of the
Directorate of Decisions of the Supreme Court of the Republic of Indonesiaia.
The results of the study show that the reference for judges in deciding is based
on Law No. 1 of 1974 concerning Marriage. In the process of determining the
application for marriage dispensation, the judge in his ijtihad presented several
considerations in deciding. This research is reviewed with Legal Discovery, it can be
seen that the process in the judge's ijtihad is by interpretation or interpretation by
several methods and also by the discovery of law with Islamic law by the judge after
seeing, judging from the sitting of the case submitted by the applicant. Furthermore,
with Maq?shid Ash-Shari'ah, it is to seek the goal of benefit to be achieved by the
panel of judges in deciding the case. Case No.:0035/Pdt/P/2011/PA. Sal when reviewed
with legal findings, then uses a systematic interpretation or interpretation of article 7
paragraph (1) of Law Number 1 of 1974. However, if viewed with maq?sid ashshari'ah
the purpose of the assembly is to realize hifz nafs (preservation of the soul),
for the petitioner's child to avoid underage marriage and underage childbirth which is
very at risk of experiencing difficulties in childbirth. Case
Number:0075/Pdt.P/2013/PA. Kds is reviewed by legal findings, so what is relevant to
the judges' consideration is the discovery of law with Islamic law, namely in deciding
to use doctrines from the books of fiqh. If viewed maq?sid ash-shari'ah which is the
purpose of shari'ah that the panel of judges wants to achieve is hifz nasl (preserving
offspring) so that the petitioner's child is protected from committing adultery.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Ijtihad
KW  -  Penetapan
KW  -  Dispensasi Nikah
KW  -  Putusan
KW  -  Pengadilan Agama
M1  - skripsi
TI  - IJTIHAD HAKIM DALAM PENETAPAN DISPENSASI NIKAH PERBANDINGAN STUDI PENETAPAN (PENGADILAN AGAMA SALATIGA NOMOR: 0035/PDT.P/2011/PA.SAL. DAN PENGADILAN AGAMA KUDUS NOMOR: 0075/PDT.P/2013/PA.KDS)
AV  - restricted
EP  - 156
ER  -