Jurnal Ilmu Hukum
Vol. 4 No. 1 (2025)

KONDISI DARURAT PERSPEKTIF HAKIM DALAM MENGABULKAN DISPENSASI NIKAH ( Studi Kasus di Pengadilan Agama Kabupaten Kediri)

Daimul Hidayah (Unknown)
Moh. Fahimul Ulum (Unknown)



Article Info

Publish Date
30 Nov 2025

Abstract

This research aims to examine the construction of judges’ considerations in assessing urgent reasons in marriage dispensation cases at the Religious Court of Kediri Regency. Marriage dispensation is granted to underage couples who do not meet the legal age requirement, based on certain urgent grounds. The study uses a qualitative-descriptive method with a case study approach. Data were obtained through interviews, documentation, and literature review. The findings reveal that judges consider several  aspects,  including  legal,  psychological,  socio-cultural factors, and the principle of the best interests of the child. The most common urgent reason is premarital pregnancy. However, the absence of a concrete definition of “urgent reason” in Supreme Court Regulation (PERMA) Number 5 of 2019 leads to subjective interpretations and potential inconsistencies in court decisions. Therefore, clearer guidelines are needed to ensure that marriage dispensation rulings genuinely prioritize child protection

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Journal Info

Abbrev

JURIH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Scientific journal in the field of Law and syariah law, Islamic Institute of Hasanuddin Pare which aims to contribute to the world of education, especially in the world of Law in the realm of Positive Law and Islamic Family Law. In addition, this journal also aims to minimize the practice of ...