Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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Juridical analysis of religious court decisions regarding the granting of marriage dispensation
Abdul Salam

Last modified: 2023-11-02

Abstract


This research is a Juridical Analysis Study of the Religious Court's Decision regarding the granting of Marriage Dispensation (Review of the Decision of the Sungguminasa Religious Court Decision No. 13/Pdt.P/2015/PA.Sgm. concerning the Granting of Marriage Dispensation) the main issue is how the causes of the parties applying for marriage dispensation at the Sungguminasa Religious Court. This research was conducted to find out the causes of the parties applying for dispensation of marriage, the view of Islamic law on underage marriages, and the juridical analysis of the decision of the Religious Court regarding granting dispensation for marriage. This study uses field research methods (field research), also called qualitative research, starting with data collection through interviews and documentation. The data obtained were collected and analyzed qualitatively. The results of the research show that based on Marriage Law Number 16 of 2019, marriage is only permitted if a man and a woman have reached the age of 19. However, when underage marriages are forced to be carried out due to pressure and benefit factors, the court provides conditions that the complainant must meet to obtain a dispensation from the panel of judges. The conditions that must be met are formal requirements starting from the requirements administration, as stipulated in the administrative requirements for applying for a marriage dispensation, up to the conditions for applying for said dispensation.

Keywords


Marriage dispensation; Sungguminasa religious court

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