TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PERBEDAAN PENETAPAN PERMOHONAN DISPENSASI NIKAH DENGAN ALASAN MENGHINDARI MAKSIAT (STUDI PENETAPAN PA YOGYAKARTA)

Muhammad Agus Rifai, NIM.: 18103050008 (2022) TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PERBEDAAN PENETAPAN PERMOHONAN DISPENSASI NIKAH DENGAN ALASAN MENGHINDARI MAKSIAT (STUDI PENETAPAN PA YOGYAKARTA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage dispensation is permission by the court to marry a couple who has not yet reached the age of marriage, which is 19 years. The reasons used to apply for a marriage dispensation are very diverse, such as pregnancy, parental wishes or avoiding immorality. This study discusses the differences in the determination of the application for marriage dispensation on the grounds of avoiding immorality in the Yogyakarta Religious Court. Avoiding immorality is a very common reason. In addition, the benchmark for acceptance or rejection of a marriage dispensation application for that reason is not comprehensively regulated. Therefore, this study was conducted to find out the considerations given by the judge and the reasons that resulted in differences in the determination of the marriage dispensation application for the same reason, namely avoiding immorality. The type of research is library research by utilizing qualitative data. The approach used in this research is juridical-normative. The juridical-normative approach is an approach to secondary material (determination of marriage dispensation) then explained in such a way that clear and understandable understanding and conclusions can be drawn. Based on the results of the research that has been done, there are reasons that result in differences in the determination of the application for marriage dispensation on the grounds of avoiding immorality. The difference in the determination is caused by two main elements, namely the explanation of the other party and the judge's consideration. The difference in the determination if it is reviewed through positive law, then this is in accordance with PERMA No. 5 of 2019 Article 13. Meanwhile, if it is reviewed through Islamic law, the judge's consideration is based on the fiqh rule which reads "rejecting evil is more important than taking advantage"

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