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PERTIMBANGAN HAKIM DALAM MENERIMA KESAKSIAN ISTIFADAH PADA PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1209/Pdt.G/2023/PA.Btl)
The application for marriage legalization at the Bantul Religious Court, identified in Decision Number 1209/Pdt.G/2023/PA.Btl, was submitted by the applicants as heirs of the deceased couple. The heirs' interest in applying for marriage legalization is to obtain a certificate of inheritance for the applicants. The application to the Religious Court was made because the Religious Affairs Office could not issue a certificate or duplicate marriage certificate due to the absence of the 1948 marriage register book. During the hearing, the petitioners presented indirect witnesses, namely neighbors and cousins of the petitioners. The witnesses were unaware of the legal aspects of the marriage ceremony of their parents because they did not attend the ceremony and were unaware of the fulfillment of all the requirements, namely the marriage guardian, marriage witnesses, the amount of the dowry, the mahram relationship, and the status of the bride and groom. This study examines the legal stance of judges and the judicial deliberation process in deciding to accept indirect witness testimony in marriage validation cases, as well as the primary arguments for granting marriage validation requests based on indirect witness testimony. This study employs a field research method. It is descriptive-analytic in nature, aiming to interpret legal terminology and examine its practical application through analysis of the collected data. The approach used is legal empirical. Data collection techniques include are court decision study and interviews with the presiding judge in case number 1209/Pdt.G/2023/PA.Btl. The data analysis method follows an inductive reasoning process using the interactive model developed by Miles and Huberman. The result of this study show that Panel Judges decided to accept the istifāḍah witness in the marriage legalizition in case number 1209/Pdt.G/2023/PA.Btl. The acceptence process was carried out in three stages, namely constatiring stage, qualifisiring stage, and the constituring stage. The judges applied the constatiring stage by examining the domestic life and marital history of the petitioners’ parents to validate the nature and continuity of the marriage. There were no objections or disputes raised by any party regarding the legality of the marriage. In the qualifisering stage, the Panel of Judges assessed the credibility of the istifāḍah witness against the legal standards for witness testimony admissible in marriage legalization cases. In certain circumstances, istifāḍah witness is accepted exceptionally. At the final stage is constituring, the basos and consideration for accepting the testimony of istifāḍah, namely legal arguments, normative Islamic law, and sociological arguments. The legal argements is grounded in Supreme Court Circular Letter No. 10 of 2020). The judges referred to Islamic legal sources including Fiqh al-Sunnah Vol. III, I‘ānat al-Ṭālibīn Vol. IV, and Bughyat al-Mustarshidīn. The sociological arguments include the length of the marriage period, specifically the legal marriage of the petitioners’ parents, which lasted 75 years. The facts of harmony within the household, the production of offspring, and social recognition by the surrounding community, coupled with the absence of disputes or objections from any party, provide both social and legal legitimacy to strengthen the court’s conviction (qarinah) in accepting the testimony of the istifāḍah witness. Although the judges referred to positive law, Islamic law, and sociological arguments mentioned above as the main arguments for granting the request for marriage validation with istifāḍah witness. The decision to grant the marriage validation has legal implications for the civil rights of the petitioners from the couple whose marriage was validated through the marriage validation mechanism, including civil inheritance righ.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22203012030 Sabrina Rahma Salsabila
PERTIMBANGAN HAKIM DALAM MENERIMA KESAKSIAN ISTIFADAH PADA PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1209/Pdt.G/2023/PA.Btl) (Text)
PERTIMBANGAN HAKIM DALAM MENERIMA KESAKSIAN ISTIFADAH PADA PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1209/Pdt.G/2023/PA.Btl) (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)