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Journal : Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam

ISLAMIC LAW ANALYSIS OF MARRIAGE DISPENSATION FROM THE PERSPECTIVE OF MAQASID AL-SYARIAH Ginanjar, Muhammad Sholeh; BW, Muh. Kurniawan; Pradana, Aditya Fajri Kurnia
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 2 (2024): (October 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i2.2639

Abstract

Every person's marriage is definitely inseparable from family life and life. The reasonable and healthy hopes or intentions of every young person or teenager in their growing years is one of the goals of marriage. In this case, the minimum age limit for marriage for women is equated with the minimum age limit for marriage for men, namely 19 (nineteen) years as stated in Law Number 16 of 2019. The aim of this research is to analyze Islamic law regarding marriage dispensations from the Maqasid Al-Shariah perspective. The type of research carried out in this research is normative juridical legal research, because the researcher used library materials as the main data to analyze cases, and the author did not conduct field research. The results of the research show that the judge's considerations regarding the protection of children's rights are certainly in line with the articles contained in the Marriage Law and are also in accordance with what is aimed at by maqāṣid al-sharīah, namely to maintain the benefit in which the judge positions the position of shari'ah as higher than Constitution.
ANALISIS YURIDIS PENGESAHAN PERNIKAHAN TIDAK TERCATAT BAGI PASANGAN SUAMI-ISTRI YANG TELAH MENINGGAL DUNIA Yusuf, Muhammad Zidan; Budi Wibowo, Muhammad Kurniawan; Pradana, Aditya Fajri Kurnia
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 2 (2024): (October 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i2.2650

Abstract

The purpose of this study is to show how the judge's consideration in the Religious Court Decision No. 145/Pdt.G/2023/PA.Ska which legalised an unregistered marriage between a deceased husband and wife. The type of research used is qualitative using normative juridical methodology. The research findings show that evidence supporting the existence of a valid religious marriage that has not been officially recorded in the civil registry becomes the basis for legalising the marriage after the death of both spouses. This option provides legal certainty to heirs and protects their freedoms with regard to conjugal status and inheritance. It also reflects the court's rigorous efforts to ensure equality and consistency with relevant legal standards.