Syakhshiyyah Jurnal Hukum Keluarga Islam
Vol 3 No 1 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam

Eksistensi dan Standarisasi Pemeriksaan Perkara Dispensasi Kawin Berbasis Kepastian Hukum

Muhammad Syarif Hidayatullah (Unknown)
Firman Wahyudi (Unknown)
Saipullah Saipullah (Unknown)



Article Info

Publish Date
30 Jun 2023

Abstract

This paper aims to analyze the existence of marriage dispensation with the handling of cases and the standardization of case examinations based on legal certainty. This study is based on normative legal research with a statutory approach and a conceptual approach. The presence of a marriage dispensation is the cause of marriages that have not reached the minimum age of marriage according to applicable law. The determination of the age limit of marriage is influenced by the 'urf that prevails in society by considering various advances that do not conflict with Islamic law. Religious Courts as parties that have authority in issuing marriage dispensations, must consider various aspects before approving applications for marriage dispensations such as sharia, sociological, psychological, juridical, and health aspects. Juridically with the provisions contained in article 5 of the Marriage Law, the phrase "very urgent reasons" opens up a space for diverse interpretations (multi-interpretation) for judges in dealing with marriage dispensation because the context of this phrase is in a general, not particular, meaning. There needs to be standardization in the case of this marriage dispensation application so that there is a unity of mind that realizes legal certainty.

Copyrights © 2023






Journal Info

Abbrev

syakhsiyah

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Syakhshiyyah Jurnal Hukum Keluarga Islam is a scientific, peer-reviewed and open access interdisciplinary journal published twice a year (June and December). This journal is the result of a collaboration between Institut Agama Islam Negeri (IAIN) Metro Lampung and the Association of Indonesian ...