TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP FAKTOR MENINGKATNYA DISPENSASI KAWIN DI PENGADILAN AGAMA BANTUL 2019-2022

Bunga Khairunnisa Pasmawan, NIM.: 19103050058 (2023) TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP FAKTOR MENINGKATNYA DISPENSASI KAWIN DI PENGADILAN AGAMA BANTUL 2019-2022. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Based on Article 1 Paragraph 5 PERMA No. 5 of 2019, marriage dispensation is the granting of a marriage license by the court to prospective husbands/wives who are under 19 years of age. This is also based on Law no. 16 of 2019 concerning Amendments to the Marriage Law which regulates the minimum limit for men or women to marry is at the age of 19. The Bantul Religious Court as the central point of the Religious Courts in Bantul Regency, has carried out many programs to reduce the number of dispensations for marriage at the Religious Courts of Bantul, but there are still many dispensations for marriages at the Religious Courts of Bantul. In this study, the authors used a type of field research (field research) with a Islamic legal sosiology approach and normative juridical approach that is descriptive analytic, with data sources: primary data sources in the form of interviews with the Bantul Religious Court in this case the interviewees were judges, and data sources secondary as a source of data supporting the perfection of research such as journals, websites, books, previous theses, archives of the Bantul Religious court, and others. By using normative juridical techniques, in analyzing the problem the author also uses the theory of evidence and the sociology of Islamic law The results of the research that the authors found showed that the factors for the large number of requests for dispensation from marriage at the Bantul Religious Court in 2019-2022 were pregnancy out of wedlock, giving birth to children out of wedlock, consensual consent, and parental concerns. According to a review of the sociology of Islamic law, these factors occur because society is ignorant of Islamic law, or even does not yet understand the essence of Islamic law in this life

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