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All Journal Al-Mizan: Jurnal Hukum Islam dan Ekonomi Syariah Journal of Mujaddid Nusantara
Mudar, Andi Nadir
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Influence of Customary Law on Marriage Dispensation Post-Law No. 16 of 2019 Amendment to Law No. 1 of 1974 Mudar, Andi Nadir; Abdullah, Asnawi; Lahmudinur, Lahmudinur
Journal of Mujaddid Nusantara Vol. 1 No. 3 (2024): Journal of Mujaddid Nusantara September, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i3.157

Abstract

The influence of customary law on the Marriage Dispensation Phenomenon after the issuance of Law No.16 of 2019 at the Andoolo Religious Court is a very important thing to do to determine the objective conditions of the effect of customary law on the phenomenon of Marriage Dispensation, the factors that cause the applicant to apply for dispensation of marriage and the reasons for the Judge's consideration and its impact. This research is a qualitative descriptive study, using the juridical-empirical approach method, primary and secondary data sources through observation, interviews, reviewing various books, archives of the KUA marriage refusal, archives of decisions/decisions of the Andoolo Religious Court, websites and several related and relevant regulations. with this writing. The results showed that the effect of customary law on the objective conditions of marriage dispensation after the issuance of Law No. 16 of 2019 greatly affects the increasing number of cases of dispensation of marriage, the factors causing dispensation of marriage include; already pregnant, influenced by customs, dropped out of school, determined the day of marriage, forced marriage, the reason for the judge's consideration; maintain the status of the party in the eyes of the community, the situation is urgent, prevents harm. Impact of Marriage Dispensation; have a positive and negative impact.
Harmonisasi Hukum Islam dan Undang-Undang Perkawinan di Indonesia: Kajian Terhadap Usia Minimal Perkawinan Nur, Syamsiah; Mudar, Andi Nadir; Hamdiyah, Hamdiyah; Munawar, Sofyan; Priyanto, Priyanto
Al-Mizan Vol 12 No 1 (2025): Al-Mizan
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam (IAI) Al-Aziziyah Samalanga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54621/jiam.v12i1.1029

Abstract

This study discusses the harmonization between Islamic law and the Marriage Law in Indonesia, focusing on the minimum age of marriage. In Islamic law, the age limit for marriage is related to the concepts of baligh and rusyd, which, in classical fiqh, do not specify an exact number but depend on biological signs and intellectual maturity. Contemporary scholars, through the maqashid syariah approach, emphasize the protection of life, intellect, and lineage as fundamental principles in determining the appropriate age for marriage. In line with this, the amendment of the Marriage Law from Law No. 1 of 1974 to Law No. 16 of 2019 raised the minimum marriage age to 19 years for both men and women, considering health factors, children's rights, and the prevention of early marriage. This study analyzes the compatibility of this regulation with maqashid syariah and the challenges in harmonizing Islamic law with state law, including the marriage dispensation mechanism, which still allows room for underage marriages. Through an interdisciplinary approach, this study asserts that legal harmonization can be achieved through policies based on public welfare and child protection principles, ensuring that Islamic law remains relevant within the modern national legal framework.
Co-Authors Asnawi Abdullah Hamdiyah, Hamdiyah Lahmudinur, Lahmudinur Munawar, Sofyan Nur, Syamsiah Priyanto Priyanto