International Journal of Multidisciplinary Reseach
Vol. 1 No. 4 (2025): Oktober

MARRIAGE DISPENSATION FOR UNDERAGE DUE TO PREGNANCY OUT OF WEDLOCK FROM THE PERSPECTIVE OF LAW NO. 16 OF 2019 AND SHAFI'I FIQH

Thoyyibah, Wardatut (Unknown)



Article Info

Publish Date
17 Oct 2025

Abstract

This research discusses underage marriage dispensation due to out-of-wedlock pregnancy from the perspective of Law No. 16 of 2019 and Syafi'i Fiqh (Case Study in Sumber Jeruk Village, Kalisat District, Jember Regency). This research focuses on the marriage dispensation process in Sumber Jeruk village according to applicable laws and Islamic law, specifically Syafi'i jurisprudence. The researcher formulates two problems: how is the process of underage marriage dispensation due to premarital pregnancy in Sumber Jeruk village from the perspective of Law No. 16 of 2019, and what is the Syafi'i jurisprudence view on underage marriage dispensation due to premarital pregnancy in Sumber Jeruk village? The type of research used is qualitative research with a case study approach. The research results show that according to Law No. 16 of 2019, Article 7 paragraph (1), marriage is only permitted if the man and woman have reached the age of 19. Therefore, underage marriage refers to a marriage performed by a man and a woman who are both still below the minimum age limit set by law. Meanwhile, Islamic law does not specifically state the minimum age for marriage as it does in the marriage law; it only states that the requirements for marriage in Islam are being of age and of sound mind

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Journal Info

Abbrev

ijmr

Publisher

Subject

Computer Science & IT Economics, Econometrics & Finance Education Engineering Social Sciences

Description

International Journal of Multidisciplinary Reseach (ISSN : 3109 9777) is a scholarly journal that publishes research across various branches of science through a multidisciplinary approach. Its scope covers the humanities and social sciences, including cultural studies, sociology, anthropology, ...