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Application For Marriage Dispensation For Underage Pregnant Women Post The Application Of Law Number 16 Of 2019 Concerning Amendment To Law Number 1 Of 1974 Concerning Marriage Djunastuti, Erni; Alhadiansyah, Alhadiansyah; Susila, Sugeng; Marnita, Marnita; Tahir, Muhammad
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 6, No 3 (2022): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i3.7876

Abstract

In essence, everything in this world God created in pairs, as well as humans. Nowadays, teenagers are very easily influenced by their friends and fall into promiscuity, in which they commit acts that are prohibited by religion and violate religious norms. This causes a lot of negative things for them, one of which is pregnancy outside of marriage, so that early marriage occurs. Early marriages that have not reached the age of 19 years can request dispensation from marriage to the Office of Religious Affairs and the Office of the Religious Courts. Marriage dispensation is a relief given by the court to prospective husbands or wives who wish to carry out a marriage, where the age of one or both of the prospective brides has not yet reached the age limit stipulated in Law Number 16 of 2019 concerning Amendments to the Law. Law Number 1 of 1974 Concerning Marriage. The problem in this study is "Application for Dispensation for Marriage for Underage Pregnant Women After the Enactment of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage". The research method used by the author is this type of research is using Empirical or Sociological legal research, meaning that the research is carried out by the author by going directly to the research location to get results by using a result collection tool in the form of interviews. The results of this study indicate that the Religious Affairs Office of North Pontianak Subdistrict and Judges at the Pontianak Religious Court gave an emergency dispensation for being pregnant out of wedlock, namely because the judge had heard information from the Petitioner, Children, Prospective Husband/Wife, and Parents/Guardians of the Prospective Husband/ Wife and have considered the statements of the parties concerned, and have examined the terms and evidence submitted by the applicant. As well as the legal consequences of granting dispensation from marriage to minors due to pregnancy out of wedlock, namely by being granted dispensation from marriage, minors can carry out marriages, where previously minors could not carry out marriages that were registered by law, then they could because have received permission for dispensation of marriage, then the status and position of the child is clear, and the position of husband and wife is present.
Fairness Principles in Islamic Social Funds: An Analysis of Zakat and Wakaf Management in Indonesia: Prinsip Keadilan dalam Dana Sosial Islam: Analisis Pengelolaan Zakat dan Wakaf di Indonesia Susila, Sugeng; Alhadiansyah; Djunastuti, Erni; Marnita; Prihatin, Angga
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1001

Abstract

This study explores the implementation of the fairness principle in the management of Islamic social funds through zakat and wakaf in Indonesia, guided by existing legal frameworks and theoretical sources. Employing a legal approach, it critically examines and evaluates various laws related to the management of Islamic social funds in Indonesia. The research method utilized is a normative legal study focusing on theoretical examination and analysis of relevant legal documents and regulations. The findings reveal that the management of zakat and wakaf in Indonesia reflects the Fairness Principle, aiming to ensure just and equitable distribution and utilization of Islamic social funds. Such just management has significantly positive impacts on economic empowerment and societal welfare in Indonesia, enhancing education access, social infrastructure strengthening, productive business development, and empowerment of vulnerable groups, thus reducing poverty and social inequality. Collaboration between Islamic social fund institutions, government, and society is crucial to ensuring effective and sustainable utilization in enhancing Indonesia's overall economic welfare and societal well-being.Highlights: Implementation of the fairness principle in managing Islamic social funds (zakat and wakaf) ensures equitable distribution and utilization. Management significantly impacts economic empowerment and societal welfare in Indonesia. Strong collaboration between institutions, government, and society is key to effective and sustainable utilization of zakat and wakaf. Keywords: Zakat, Wakaf, Fairness Principle, Economic Empowerment, Welfare Enhancement