PUTUSAN PENGADILAN AGAMA YOGYAKARTA NOMOR 131/Pdt.P/2022/PA.YK TENTANG DISPENSASI NIKAH PERSPEKTIF MAQASID SYARI’AH DAN HAK ASASI MANUSIA

Nur Rizki Fahmi Nugraha, NIM.: 19103060029 (2023) PUTUSAN PENGADILAN AGAMA YOGYAKARTA NOMOR 131/Pdt.P/2022/PA.YK TENTANG DISPENSASI NIKAH PERSPEKTIF MAQASID SYARI’AH DAN HAK ASASI MANUSIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The problematic challenges of life are getting more and more difficult every day so that each individual is required to be more mature both physically, emotionally and intellectually in dealing with them. In Indonesian Law, the minimum age limit for marriage is regulated in Article 7 of Law Number 1 of 1974 concerning Marriage which was renewed by Law Number 16 of 2019. It is hoped that by setting the minimum age limit for marriage, risks that often occur in the household such as domestic violence, miscarriage, divorce will be suppressed. On Wednesday September 28 2022, the Yogyakarta Religious Court Judge issued a decision Number 131/Pdt.P/2022/PA.YK regarding the application for a marriage dispensation which essentially rejected the applicant's application and charged the applicant with paying all court fees. The formulation of the problem in this study is what are the reasons underlying the Yogyakarta Religious Court decision No. 131/Pdt.P/2022/PA.YK and what is the decision of the Religious Court No. 131/Pdt.P/2022/PA.YK when examined using the perspective of Maqaṣid Syariah and Human Rights. The type of research used in this research is field research (Field Search) and uses descriptive comparative analysis methods and uses Normative Law and Ushul Fiqh approaches. Furthermore, the data collection used in this study used the interview method with the Yogyakarta Religious Court Judges. The results of this study indicate that in his consideration, the Judge is of the view that there is no greater harm if the marriage dispensation application is rejected. All elements of Maqaṣid Syariah used in analyzing the decision of the Yogyakarta Religious Court Number 131/Pdt.P/2022/PA YK rejected the results of the decision. Whereas the three articles in Law Number 39 of 1999 concerning Human Rights were used in analyzing the Yogyakarta Religious Court decision Number 131/Pdt.P/2022/PA.YK, the three of them did not reject the results of the decision issued by the Religious Court.

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