TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP DISPENSASI NIKAH DI MAHKAMAH SYAR’IYAH SINABANG TAHUN 2021

Ahrijon, S.H., NIM.: 20203012063 (2023) TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP DISPENSASI NIKAH DI MAHKAMAH SYAR’IYAH SINABANG TAHUN 2021. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The marriage dispensation is a provision that raises a crucial issue that occurs in the midst of the community. The provisions of the marriage dispensation became the basic basis for the practice of underage marriage. The purpose of creating this marriage dispensation provision is to avoid damage that can affect the life of the child. However, on the contrary, the provisions of the practice of marriage dispensation in the social sphere are precisely the cause of the increasing number of marriages of minors, especially those that occur in the city of Sinabang. The practice of marriage dispensation in the city of Sinabang is increasing and this is a troubling problem. The factor that is indicative of the practice of marriage pensation departs from the unrest of parents due to the close social relationship of children who are under the age of being allowed to marry. In order to prevent deviations from the provisions contained in the sharak, parents initiatedtif toenslave their children by asking the Sinabang City court for the practice of marriage dispensation. The purpose of this study is to see a review of the sociology of Islamic law and indicators of the practice of marriage dispensation that occurred at the Sinabang Syar'iyah Court in 2021 which became the culmination of the increase in the practice of requesting this marriage dipensation. This research is a type of field research that focuses on obtaining data from the Syar'i yah Court of Sinabang City through direct interviews with authorized judges and also accompanied by applicants. This research uses a descriptive-analytical research model, focusing on the sociological review of Islamic law on the practice of marriage dispensation that occurred at the Syar'i yah Sinabang Court in 2021. The practice of marriage dispensation that occurred in 2021 increased from the last three years where all applications were granted by judges. The results of the research obtained show that: there are several factors that are the basis for the practice of marriage dispensation proposed by parents in the city of Sinabang in 2021, namely: first, the religious factor; this looked at does not contradict the provisions of religion. Second, the educational factor; willingness to continue the education of the child and parents who do not have the cost of continuing their child's schooling choose to marry their child. Third, cultural factors; Marriage of minors has become a practice that has been applied for a long time. Fourth, economic factors; The economic limitations of the family are the cause of the child's school dropout, which then becomes the reason for marriage in order to release the burden of responsibility for the child. Fifth, the factor of community understanding; The lack of socialization of the age limit provisions allowed to marry makes it something taboo. In addition to the above factors, the practice of marriage dispensation in the Syar'i yah Court of Sinabang city does not provide an age limit allowed for marriage. Based solely on the provision of having reached the age of balig then the judge allowed this practice. However, in order to achieve the provisions contained in the regulations of the Law, three aspects should be enforced by judges, namely: legal structure, legal substance, and legal culture must support each other.

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