TINJAUAN HUKUM ISLAM TERHADAP PENETAPAN DISPENSASI NIKAH DI PENGADILAN AGAMA SLEMAN TAHUN 2020-2021

Muhammad Dwi Atmoko, NIM.: 18103050048 (2022) TINJAUAN HUKUM ISLAM TERHADAP PENETAPAN DISPENSASI NIKAH DI PENGADILAN AGAMA SLEMAN TAHUN 2020-2021. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In essence, humans were created by Allah subhānahu wa ta'ālā in pairs. In this case, Islam facilitates its followers to partner legally and legally through marriage. In Indonesia, to be able to carry out a marriage, there is an age limit. Law No. 1 of 1974 concerning marriage stipulates that the age limit for marriage is 16 years for women and 19 years for men. This has undergone a change in Law No. 16 of 2019 concerning changes to Law No. 1 of 1974 concerning marriage that the age limit for marriage for women and men is 19 years. In reality, many people want to register marriages but have not reached the minimum age limit. Several cases of application for marriage dispensation at the Sleman Religious Court were filed on the grounds "because they are pregnant and because they are afraid of doing things that are forbidden by religion". The purpose of being afraid to do things that are prohibited by religion is to be afraid of committing adultery. This is what happened at the Sleman Religious Court. The compilers chose this place because of the 4 regencies and 1 municipality located in D.I. Yogyakarta, the Religious Court of Sleman Regency has the highest number of cases of application for marriage dispensation among others. The main problems in this thesis are: 1. what is the legal basis and judge's considerations in determining a marriage dispensation case? and 2. how is the review of Islamic law on the determination of marriage dispensation at the Sleman Religious Court?. This research is a field research with analytical descriptive nature by collecting and compiling data which is then analyzed and interpreted according to the data collected, and supported by interview data as a support. While the research approach uses a normative approach. Data analysis is by the compiler using deductive and inductive thinking patterns. Deductive, that is, the compiler applies the sadd aż-żarī'ah theory and general fiqh rules to analyze several cases of marriage dispensation applications. Inductively, the authors analyzed several cases of marriage dispensation applications and then drew general conclusions. Based on the analysis conducted, it can be concluded that the legal basis used by judges is Q.S. An-Nūr verse 32, the hadith narrated by Abdullah about the ability to marry and the rules of fiqh proposal dar'u al-mafāsid muqaddamun 'ala jalbi al-maṣōliḥ. There are three urgent reasons that are considered by the judge, namely because they were pregnant, feared adultery and had given birth. The legal basis and legal considerations used by judges are in accordance with Islamic law because these considerations can cover harm and create benefits for the parties concerned.

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