Jurnal Al-Dustur
Vol 7 No 2 (2024)

A JURIDICAL EXAMINATION OF MARRIAGE DISPENSATION AND DIVORCE IN RELIGIOUS COURT; INSIGHTS FROM SADD AL-DZARI’AH

Maryam, Hannat Waladat (Unknown)
F, Fikri (Unknown)
A, Aris (Unknown)
Basri, Rusdaya (Unknown)
Haq, Islamul (Unknown)



Article Info

Publish Date
30 Nov 2024

Abstract

Unraveling the intricate dynamics of marriage dispensations and divorces, this study dives deep into the Sidenreng Rappang Religious Court which is located at South Sulawesi, through the lens of sadd al-dzari’ah. This is a field research study employing a juridical, anthropological, and socio-legal approach. The data analysis utilizes theories of social conflict, law enforcement and sadd al-dzari’ah. Findings indicate that the primary trigger for marriage dispensation applications is premarital pregnancy resulting from free sexual interactions, which neglects children's rights. Law enforcement in cases of divorce following underage marriage reflects justice, certainty, and legal utility without compromising the best interests of underage marriages. The application of sadd al-dzari’ah aims to reduce marriage dispensations and divorces, prioritizing preventive measures and closing opportunities that could harm the future and interests of underage marriages.

Copyrights © 2024






Journal Info

Abbrev

aldustur

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have ...