PANDANGAN HAKIM TENTANG DISPENSASI NIKAH (STUDI DI PENGADILAN AGAMA SLEMAN)

Nabilah Rizqi Shabrina, NIM.: 20103050111 (2024) PANDANGAN HAKIM TENTANG DISPENSASI NIKAH (STUDI DI PENGADILAN AGAMA SLEMAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage is only permitted if the man is at least 19 years old and the woman is at least 19 years old. If someone does not meet the age requirements, then apply for a marriage dispensation. The marriage can be carried out if the Court has granted marriage dispensation in accordance with statutory regulations. There are 5 Religious Courts in the Special Region of Yogyakarta including the Yogyakarta, Sleman, Bantul, Kulon Progo and Gunung Kidul Religious Courts. Among the five courts, the Sleman Religious Court is the court with the highest number of marriage dispensation requests. In 2023 there will be a decrease in requests for marriage dispensation. However, it remains the Religious Court with the highest number of marriage dispensation cases in the Special Region of Yogyakarta. Based on this description, the reason the author is interested in researching the judge's considerations in deciding cases regarding applications for marriage dispensation. Based on the background above, the author is interested in adopting the title Judges' Views on Marriage Dispensation (Study in the Sleman Religious Courts) as a research object. This type of research uses field research. This research is descriptive analysis which aims to describe a condition objectively. The approach used in this research is normative and relies on secondary data. Secondary data for this research is data obtained from library research. The data that has been obtained is then processed using deductive qualitative analysis. The existence of a marriage dispensation shows the important role of judges in the Religious Courts. It is made easier for society to deal with cases of out-of-wedlock pregnancy for underage couples. From the risks of the marriage dispensation if the judge has granted it, it means that the judge has considered many maslahah if the marriage takes place. The goal is to be a partner who is sakinah mawaddah and rahmah, perfecting your worship, looking after your offspring and so on.

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