FAKTOR-FAKTOR PEMBERIAN DISPENSASI KAWIN DI KABUPATEN MALANG (STUDI KASUS DI PENGADILAN AGAMA KABUPATEN MALANG)

Nely Aliyatul Muna, NIM.: 20103050120 (2024) FAKTOR-FAKTOR PEMBERIAN DISPENSASI KAWIN DI KABUPATEN MALANG (STUDI KASUS DI PENGADILAN AGAMA KABUPATEN MALANG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Law Number 1 Year 1974 concerning Marriage regulates all aspects of marriage. This includes defining the purpose of marriage, which is the spiritual and physical bond between a man and a woman as husband and wife, aiming to establish a happy and eternal family based on the divine will of God. To achieve this goal, marriage is only permitted when both the man and woman have reached the age of 19, as stipulated in Article 7 paragraph (1) of Law Number 16 Year 2019 regarding the Amendment of Law Number 1 Year 1974. However, this regulation is often followed by dispensation rules, leading to many early marriages in Malang Regency. In 2022, the Malang Religious Court had the highest number of marriage dispensation cases in Java with 1433 cases. The researcher chose to study the cases in 2022 because, compared to 2023, the Malang Religious Court granted more marriage dispensation requests in 2022. The research problem in this study is to identify the factors influencing the granting of marriage dispensation in the Malang Religious Court and to analyze how Islamic law views the legal basis and considerations of judges in granting marriage dispensation. This study adopts a descriptive-analytical method using qualitative research and an empirical juridical approach, with data collection techniques including documentation study, observation, and interviews. The results show that in 2022, most marriage dispensation cases in Malang Regency were filed for reasons of avoiding adultery (1158 cases) and pregnancy (226 cases). The legal basis for dispensation due to avoiding adultery is Article 19 letters d and e of Law Number 23 Year 2002 concerning Child Protection and the principle of Islamic jurisprudence that prioritizes preventing harm over bringing benefit. Meanwhile, the legal basis for dispensation due to pregnancy is a hadith narrated by Abu Hurairah stating that all children are born in a state of purity and Article 53 of the Compilation of Islamic Law. The judges' considerations in these urgent cases aim to prevent greater harm. The legal basis and judges' considerations in the Malang Religious Court are in line with Islamic law, as the judges' decisions aim to prevent harm, promote benefits, and uphold the objectives of Shariah.

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