TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP FAKTOR-FAKTOR TERJADINYA PERNIKAHAN DI BAWAH UMUR TANPA DISPENSASI NIKAH (STUDI KASUS DI KELURAHAN HEGARSARI KECAMATAN PATARUMAN KOTA BANJAR PROVINSI JAWA BARAT)

Iid Fitria Hopipah, NIM.: 19103050029 (2023) TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP FAKTOR-FAKTOR TERJADINYA PERNIKAHAN DI BAWAH UMUR TANPA DISPENSASI NIKAH (STUDI KASUS DI KELURAHAN HEGARSARI KECAMATAN PATARUMAN KOTA BANJAR PROVINSI JAWA BARAT). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Legal arrangements regarding the age of marriage apply to all citizens. This is regulated in Article 7 of Law Number 1 of 1974becauseLaw Number 16 of 2019 concerning Marriage which reads "Marriage is only permitted if a man and a woman have reached the age of 19 (nineteen) years". The government also provides relief for anyone who is about to marry under the age of 19 to do a marriage dispensation first, but this fact in society is still being ignored. As in the Hegarsari Village, there are still many underage marriages without a marriage dispensation. Parents think that applying for a marriage dispensation to the Religious Court is a difficult matter. Because of this limited knowledge, these marriages still often occur. This research focuses on the implementation of marriage, the causes and legal consequences of underage marriage without marriage dispensation in Hegarsari Village, Pataruman District, Banjar City, West Java Province as well as a sociological review of Islamic law on the factors of underage marriage without marriage dispensation. Therefore, this study aims to analyze the factors that cause underage marriages without a marriage dispensation in Hegarsari Village, Pataruman District, Banjar City, West Java Province, based on the sociology of Islamic law. This type of research is field research(field research) which is descriptive analysis. Sources of data in this study using primary and secondary data. Primary data were obtained from interviews with respondents, informants and resource persons. The secondary data were obtained from books, articles, scientific work laws and other literature related to this research. Data analysis used is qualitative analysis. Then the data obtained in the study were analyzed using the sociological approach to Islamic law. The results of this study are:First,Underage marriages without marriage dispensation in Hegarsari sub-district are carried out after the pillars and requirements of Islamic marriage are met.Second,The factors that cause underage marriages without marriage dispensation are promiscuity, the economy and parents' worries. The legal consequences of underage marriage without dispensation are invalid marriages, marriages do not obtain legality and lead to criminal consequences.Third,Sociology of Islamic law makes an important contribution in preventing underage marriages without a marriage dispensation in Hegarsari Village. An approach based on Islamic principles and paying attention to the social conditions of society is the key to overcoming this. Prevention can be done directly or indirectly, by means of cooperation between elements of society, namely families, government and community leaders.

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