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Journal : Mabahits

Penetapan Dispensasi Nikah oleh Hakim (Studi Komparatif Hukum Islam dan Hukum Positif) Imam Syafi’i
Mabahits : Jurnal Hukum Keluarga Islam Vol 1 No 2 (2020): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (710.752 KB) | DOI: 10.36835/mabahits.v1i2.532

Abstract

This research is to examine the dispensation of marriage which is a policy or legal aid provided by the Religious Courts to prospective brides and grooms, one or both of whom have not reached the age requirement in Law No. 1 of 1974. In the decision, a judge is guided by the Marriage Law, Islamic Law Compilation, Supreme Court Regulation No. 5 of 2019, also the Minister of Religion Regulation No. 11 of 2007 concerning Marriage Registration. The judge considers all aspects of life before giving a decision to grant or reject a dispensation case, including aspects of age maturity and self-maturity, health aspects, economic aspects, whether or not there is an element of compulsion to marry and other aspects that are considered important to be considered before getting married.
Penetapan Dispensasi Nikah Oleh Hakim (Studi Komparatif Hukum Islam Dan Hukum Positif) Imam Syafi’i; Freede Intang Chaosa
Mabahits : Jurnal Hukum Keluarga Islam Vol 2 No 2 (2021): November
Publisher : Mabahits : Jurnal Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.204 KB) | DOI: 10.36835/mabahits.v2i2.761

Abstract

This research is to examine the dispensation of marriage which is a policy or legal aid provided by the Religious Courts to prospective brides and grooms, one or both of whom have not reached the age requirement in Law No. 1 of 1974. In the decision, a judge is guided by the Marriage Law, Islamic Law Compilation, Supreme Court Regulation No. 5 of 2019, also the Minister of Religion Regulation No. 11 of 2007 concerning Marriage Registration. The judge considers all aspects of life before giving a decision to grant or reject a dispensation case, including aspects of age maturity and self-maturity, health aspects, economic aspects, whether or not there is an element of compulsion to marry and other aspects that are considered important to be considered before getting married.