Andi Muh. Taqiyuddin BN
Institut Agama Islam Darud Dakwah Wal-Irsyad Maros

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Judges' Legal Reasoning at the Bengkayang Religious Court in Granting Petitions for the Marriage Dispensation of Minors Under Law Number 16 of 2019 Rahel Dwi Maharani; Dzulkifli Al’Amin; Andi Muh. Taqiyuddin BN; Ahmad Nuh
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 3 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i3.9681

Abstract

This study aims to examine the legal reasoning of judges at the Bengkayang Religious Court in granting petitions for the marriage dispensation of minors. Marriage dispensation is a concession granted by the court to prospective spouses who have not reached the minimum marriageable age of 19 years, as regulated under Law Number 16 of 2019. In deciding a marriage dispensation petition, judges do not rely solely on juridical aspects but are also obliged to consider the facts established through evidence as well as the needs of the petitioners, with the prevention of harm as the primary consideration. This study employs an empirical juridical method with a qualitative approach. The data sources consist of primary data in the form of interviews with judges and the Bengkayang Religious Court Decree Number 5/Pdt.P/2026/PA.Bky, as well as secondary data in the form of legislation, books, and legal journals. The findings show that, in deciding petitions for the marriage dispensation of minors, the Bengkayang Religious Court relies on the prevailing legal foundations and applies specific considerations adapted to the facts and conditions of the petitioners, so that decisions—whether granted or rejected—aim to eliminate harm to the parties. This study also highlights the norms governing marriage dispensation within the family law system in Indonesia and assesses the consistency of their application from the filing of the petition to the judge's decision.
The Concept of Pre-marital Taaruf in Building Harmonious Families at Yayasan Amal Jariyah Indonesia, South Sulawesi Muhammad Saeful Haq; Hannani; Zainal Said; Dzulkifli Al’Amin; Andi Muh. Taqiyuddin BN
Jurnal QOSIM : Jurnal Pendidikan, Sosial & Humaniora Vol 4 No 3 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/jq.v4i3.9493

Abstract

The increasing need for a sharia-compliant pre-marital acquaintance model amid widespread free association and high divorce rates has positioned taaruf as a relevant alternative for preparing prospective couples. This study aims to describe the concept of pre-marital taaruf applied at Yayasan Amal Jariyah Indonesia (YAJI) in South Sulawesi, to analyze its implications for forming a harmonious family, and to identify its supporting and inhibiting factors. This research employed a qualitative approach with an intrinsic case-study design; data were collected through in-depth interviews, observation, and documentation involving foundation administrators, taaruf mentors, and program alumni, and were analyzed through data reduction, data display, and conclusion drawing with source triangulation. The results show that taaruf at YAJI is implemented through structured stages, namely biodata submission, kafaah-based matching, istikharah, gradual biodata exchange, nazhar, khitbah, and marriage, under mediator guidance and family involvement while maintaining sharia principles. Taaruf positively contributes to family harmony through information openness, shared religious values, character understanding, effective communication, and continuous post-marital mentoring, indicated by the absence of divorce among alumni couples. The main supporting factors include shared vision, openness, family support, mediator guidance, and sustainable mentoring, whereas the inhibiting factors involve socio-cultural considerations of kafaah (ethnicity and family background) and the limited number of marriage-ready male participants. This study concludes that institutionally managed taaruf constitutes a sharia-based pre-marital mentoring model that constructively shapes harmonious families through the integration of Islamic values, institutional guidance, and family support. The increasing need for a sharia-compliant pre-marital acquaintance model amid widespread free association and high divorce rates has positioned taaruf as a relevant alternative for preparing prospective couples. This study aims to describe the concept of pre-marital taaruf applied at Yayasan Amal Jariyah Indonesia (YAJI) in South Sulawesi, to analyze its implications for forming a harmonious family, and to identify its supporting and inhibiting factors. This research employed a qualitative approach with an intrinsic case-study design; data were collected through in-depth interviews, observation, and documentation involving foundation administrators, taaruf mentors, and program alumni, and were analyzed through data reduction, data display, and conclusion drawing with source triangulation. The results show that taaruf at YAJI is implemented through structured stages, namely biodata submission, kafaah-based matching, istikharah, gradual biodata exchange, nazhar, khitbah, and marriage, under mediator guidance and family involvement while maintaining sharia principles. Taaruf positively contributes to family harmony through information openness, shared religious values, character understanding, effective communication, and continuous post-marital mentoring, indicated by the absence of divorce among alumni couples. The main supporting factors include shared vision, openness, family support, mediator guidance, and sustainable mentoring, whereas the inhibiting factors involve socio-cultural considerations of kafaah (ethnicity and family background) and the limited number of marriage-ready male participants. This study concludes that institutionally managed taaruf constitutes a sharia-based pre-marital mentoring model that constructively shapes harmonious families through the integration of Islamic values, institutional guidance, and family support.