Tinjauan Hukum Islam Terhadap Penetapan Dispensasi Nikah Pada Remaja Dibawah Umur Untuk Menghindari Terjadinya Zina
(Studi Kasus Surat Penetapan Dispensasi Nikah di Pengadilan Agama Klaten)
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Institusion
Universitas Muhammadiyah Surakarta
Author
Pradina, Fernanda Ayu
, Dr. Rizka, S.Ag., M.H
, Dr. Rizka, S.Ag., M.H
Subject
BA Islam
Datestamp
2022-05-19 06:20:54
Abstract :
The purpose of this research is to find out and examine the legal basis and considerations used by the judges of the Klaten Religious Court in determining the dispensation of marriage to avoid the occurrence of adultery; and to find out and examine whether the considerations and decisions of the judges of the Klaten Religious Court are in accordance with Islamic law. The research to be carried out is an empirical legal research, namely research that prioritizes field research to obtain primary data. The legal basis used by the Klaten Religious Court judge in deciding the application for a marriage dispensation is the provision of Article 7 paragraph (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974. The basis for the judge's consideration in granting a marriage dispensation application This means that if the marriage is not carried out immediately, it will cause negative things such as continuous violations of legal and moral norms, so that the principle of closing down evil can take precedence over taking benefit, therefore the Assembly agrees with the rules of fiqh which means: disobedience takes precedence over attracting benefit". In connection with the considerations of the judges of the Klaten Religious Courts on the Determination of Marriage Dispensations as described above, according to the author, these considerations are in accordance with the arguments and principles in Islamic law, so that the determination is correct, namely in one of the considerations it is stated that the dispensation This marriage is given in order to avoid things that violate religious law, including adultery.
The purpose of this research is to find out and examine the legal basis and considerations used by the judges of the Klaten Religious Court in determining the dispensation of marriage to avoid the occurrence of adultery; and to find out and examine whether the considerations and decisions of the judges of the Klaten Religious Court are in accordance with Islamic law. The research to be carried out is an empirical legal research, namely research that prioritizes field research to obtain primary data. The legal basis used by the Klaten Religious Court judge in deciding the application for a marriage dispensation is the provision of Article 7 paragraph (2) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974. The basis for the judge's consideration in granting a marriage dispensation application This means that if the marriage is not carried out immediately, it will cause negative things such as continuous violations of legal and moral norms, so that the principle of closing down evil can take precedence over taking benefit, therefore the Assembly agrees with the rules of fiqh which means: disobedience takes precedence over attracting benefit". In connection with the considerations of the judges of the Klaten Religious Courts on the Determination of Marriage Dispensations as described above, according to the author, these considerations are in accordance with the arguments and principles in Islamic law, so that the determination is correct, namely in one of the considerations it is stated that the dispensation This marriage is given in order to avoid things that violate religious law, including adultery.
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