MENGHINDARI KESULITAN ADMINISTRATIF SEBAGAI ALASAN PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA (PA) PURWOREJO (STUDI PUTUSAN NOMOR 8/PDT.P/2020/PA.PWR DAN NOMOR 8/PDT.P/2021/PA.PWR)

Aviyati, NIM.: 18203010060 (2022) MENGHINDARI KESULITAN ADMINISTRATIF SEBAGAI ALASAN PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA (PA) PURWOREJO (STUDI PUTUSAN NOMOR 8/PDT.P/2020/PA.PWR DAN NOMOR 8/PDT.P/2021/PA.PWR). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

[img]
Preview
Text (MENGHINDARI KESULITAN ADMINISTRATIF SEBAGAI ALASAN PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA (PA) PURWOREJO (STUDI PUTUSAN NOMOR 8/PDT.P/2020/PA.PWR DAN NOMOR 8/PDT.P/2021/PA.PWR))
18203010060_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version

Download (4MB) | Preview
[img] Text (MENGHINDARI KESULITAN ADMINISTRATIF SEBAGAI ALASAN PERMOHONAN DISPENSASI NIKAH DI PENGADILAN AGAMA (PA) PURWOREJO (STUDI PUTUSAN NOMOR 8/PDT.P/2020/PA.PWR DAN NOMOR 8/PDT.P/2021/PA.PWR))
18203010060_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version
Restricted to Registered users only

Download (4MB) | Request a copy

Abstract

This study discusses the factors causing the submission of a marriage dispensation application at the Purworejo Religious Court. Based on available data, in 2020 there were 360 cases of marriage dispensation, and in 2021 there were 312 cases at the Purworejo Religious Court. The type of research used by researchers is field research or field research. The research is descriptive, that is, it describes thoroughly by collecting the existing facts. The approach used in this study is the perspective of maṣlaḥah mursalah which is used to find out how the judges of the Purworejo Religious Court consider in granting a dispensation or refusing a dispensation by considering the aspects of the benefit and desirability of the marriage dispensation. The results of the study show that the Judge's Consideration used to produce the determination of case No. 8/Pdt.P/2020/PA.Pwr and No. 8/Pdt.P/2021/PA.Pwr, namely by looking at the reasons for the Petitioner to apply for a marriage dispensation. Of the two cases that the researchers examined, the reasons for applying for a marriage dispensation were very urgent to be granted. As for reasons other than parents' concerns about their child's association, then because the two prospective brides have often had sexual relations in the second case, there are other things that the Judge considers, namely the reasons for administrative difficulties that may arise if the two prospective brides are not married immediately. The administrative referred to here is the rights and legal acknowledgment of children which when the application for a marriage dispensation is not granted the rights and legal recognition will not be obtained by the prospective wife or children so that for the benefit of the judge grants the application for a marriage dispensation in both cases that the researchers examined. . The legal basis used by the judge in deciding the case of marriage dispensation No. 8/Pdt.P/2020/PA.Pwr and case No. 8/Pdt.P/2021/PA.Pwr, namely looking at the readiness of the prospective groom and prospective bride to run the household. Then when viewed from the maṣlaḥah, the determination of Judge No. 8/P.dt.P/2020/PA.Pwr and No. 8/Pdt.P/2021/PA.Pwr is in accordance with the maṣlaḥah aruriyyah, namely maintaining religion and protecting offspring. The judges of the Purworejo Religious Court have considered that the two prospective brides and grooms should soon become husband and wife because their relationship is very close and has been for a long time, so it is very feared that things will happen that is not desirable.

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. Ahmad Bunyan Wahib, M.Ag. MA.
Uncontrolled Keywords: Dispensasi Nikah, Maṣḥlahah, Pertimbangan Hakim
Subjects: Ilmu Syariah
Hukum Islam > Fiqih > Pernikahan
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Muh Khabib, SIP.
Date Deposited: 05 Oct 2022 08:39
Last Modified: 05 Oct 2022 08:39
URI: http://digilib.uin-suka.ac.id/id/eprint/53869

Share this knowledge with your friends :

Actions (login required)

View Item View Item
Chat Kak Imum