IJTIHAD HAKIM DALAM PENETAPAN DISPENSASI NIKAH PERBANDINGAN STUDI PENETAPAN (PENGADILAN AGAMA SALATIGA NOMOR: 0035/PDT.P/2011/PA.SAL. DAN PENGADILAN AGAMA KUDUS NOMOR: 0075/PDT.P/2013/PA.KDS)

Siti Rohani, NIM.: 19103060022 (2023) IJTIHAD HAKIM DALAM PENETAPAN DISPENSASI NIKAH PERBANDINGAN STUDI PENETAPAN (PENGADILAN AGAMA SALATIGA NOMOR: 0035/PDT.P/2011/PA.SAL. DAN PENGADILAN AGAMA KUDUS NOMOR: 0075/PDT.P/2013/PA.KDS). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage dispensation is an effort for those who want to marry but do not meet the age limit for marriage set by the government. Marriage dispensation is applied for by the parents of the child who wants to apply for marriage dispensation. The marriage dispensation is filed in the Religious Court where the applicant resides. The judge who determines the acceptance or rejection of the application for marriage dispensation. In ijtihad, the judge in determining the settlement has considered as well as possible,its fairness and benefit or good for the common. In this study, the type of research used is library research with a shortnumber of fiqh proposals. The nature of research is comparative analysis, namely research by looking at two similar things and then analyzing the differences and similarities of the problem. Furthermore, the method of data collection with documentation methods is to obtain data related to this study then analyze and study from the data which is similar in the form of a copy of the determination of marriage dispensation No.0035 / Pdt.P / 2011.PA. Sal and No.0075/Pdt.P/2013/PA.Kds. obtained from the Web of the Directorate of Decisions of the Supreme Court of the Republic of Indonesiaia. The results of the study show that the reference for judges in deciding is based on Law No. 1 of 1974 concerning Marriage. In the process of determining the application for marriage dispensation, the judge in his ijtihad presented several considerations in deciding. This research is reviewed with Legal Discovery, it can be seen that the process in the judge's ijtihad is by interpretation or interpretation by several methods and also by the discovery of law with Islamic law by the judge after seeing, judging from the sitting of the case submitted by the applicant. Furthermore, with Maqᾱshid Ash-Shari'ah, it is to seek the goal of benefit to be achieved by the panel of judges in deciding the case. Case No.:0035/Pdt/P/2011/PA. Sal when reviewed with legal findings, then uses a systematic interpretation or interpretation of article 7 paragraph (1) of Law Number 1 of 1974. However, if viewed with maqᾱsid ashshari'ah the purpose of the assembly is to realize hifz nafs (preservation of the soul), for the petitioner's child to avoid underage marriage and underage childbirth which is very at risk of experiencing difficulties in childbirth. Case Number:0075/Pdt.P/2013/PA. Kds is reviewed by legal findings, so what is relevant to the judges' consideration is the discovery of law with Islamic law, namely in deciding to use doctrines from the books of fiqh. If viewed maqᾱsid ash-shari'ah which is the purpose of shari'ah that the panel of judges wants to achieve is hifz nasl (preserving offspring) so that the petitioner's child is protected from committing adultery.

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