(519/Pdt.P/2018/PA.Sby):نظر القضاة ÙÙŠ رخصة Ø§Ù„Ù†ÙƒØ§Ø Ø§Ù„Ù…Ø¨ÙƒØ± (دراسة تØليلية عن قرار المØكمة الدينية سورابايا رقم
DOI:
https://doi.org/10.30651/mqsd.v9i1.6551Abstrak
ABSTRACT
           In Indonesia, age is one of the requirements for someone who wants to get married. The existence of the law on marriage age restrictions is for the benefit of family and marriage as regulated in article 7 paragraph 1 of Law No.1 of 1974 that in marriage the bride must be 19 years old and the bride must be 16 years old If this is not fulfilled, the marriage dispensation provided by the Religious Courts must be used. In the Decision of the Surabaya Religious Court number (519/ Pdt.P/2018/PA.Sby) the judge granted the petition of the petitioner, namely giving a dispensation to the applicant's child who had not yet been sentenced to age for marriage. As for this study to determine the judge's consideration of early marriage dispensation based on the Decision of the Surabaya Religious Court number (519/Pdt.P/2018/PA.Sby) and to find out the decision in the perspective of Islamic law.
           The method used by the authors in this study is a qualitative or empirical method with documentation data collection techniques which are then analyzed to obta          in conclusions
           From the results of the research conducted it can be concluded that, the judge's consideration in deciding the case (519/Pdt.P/2018/PA.Sby) first though the applicant's child had not reached the age of 19 years as stipulated in law number 1 of 1974 but the applicant's child showed his ability to get married then in order to prevent the judge from being obedient, he granted the petitioner's request by providing a marriage dispensation. Both court rulings are in accordance with Islamic law because the Shari'a do not provide a certain age limit for marriage.
Keywords: Judge Considerations, Marriage, Early Marriage Dispensation
Unduhan
Diterbitkan
Terbitan
Bagian
Lisensi
The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to Maqasid Journal and Department Islamic Family Law (Ahwal al Syakhshiyah) Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya as publisher of the journal.
Copyright encompasses exclusive rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms and any other similar reproductions, as well as translations. The reproduction of any part of this journal, its storage in databases and its transmission by any form or media, such as electronic, electrostatic and mechanical copies, photocopies, recordings, magnetic media, etc., will be allowed only with a written permission from Maqasid Journal and Department Islamic Family Law (Ahwal al Syakhshiyah) Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya.
Department Islamic Family Law (Ahwal al Syakhshiyah) Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya, the Editors and the Advisory Editorial Board make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in the Maqasid are sole and exclusive responsibility of their respective authors and advertisers.
Rights of Authors
The Maqasid Journal and Department Islamic Family Law (Ahwal al Syakhshiyah) Faculty Of Islamic Religiuos Universitas Muhammadiyah Surabaya recognize the retention of the following:
- Patent and trademark rights and rights to any process or procedure described in the article.
- The right to photocopy or make single electronic copies of the article for their own personal use, including for their own classroom use, or for the personal use of colleagues, provided the copies are not offered for sale and are not distributed in a systematic way outside of their employing institution (e.g. via an e-mail list or public file server). Posting of an article on a secure network (not accessible to the public) within the authors institution is permitted.
- The right, subsequent to publication, to use the article or any part thereof free of charge in a printed compilation of works of their own, such as collected writings or lecture notes.
