Legitima: Jurnal Hukum Keluarga Islam
Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam

Contemporary Islamic Family Law Studies: An Analysis of the Inconsistency of Marriage Age Limits Between Law and Social Reality at the Mojokerto Religious Court

Dwi Ratna Cinthya Dewi (Institut Agama Islam Uluwiyah Mojokerto, Jawa Timur)
Durrotul Fikriyah (Institut Agama Islam Uluwiyah Mojokerto, Jawa Timur)
Muhammad Dzul Hilmi Utsman (Institut Agama Islam Uluwiyah Mojokerto, Jawa Timur)
Marlinda Ayu Ningsih (Institut Agama Islam Uluwiyah Mojokerto, Jawa Timur)
Alhafidh Nasution (International Islamic University)



Article Info

Publish Date
30 Dec 2024

Abstract

Purpose - This study examines the inconsistency of the marriage age limit as regulated in the Marriage Law and PERMA Number 5 of 2019 concerning Reasons for Adjudicating Marriage Dispensation Cases. In addition, this study also analyzes the views of judges at the Mojokerto Religious Court regarding the application of marriage dispensation. It explores the dynamics of social reality that influence the practice of contemporary Islamic family law. Methods - This research is field research with an empirical juridical approach. Research is conducted by interviewing judges, lawyers, the community, and the Head of the Religious Affairs Office and analyzing laws and regulations. The analysis was carried out to identify inconsistencies in the rules for marriage age limits and marriage dispensation contained in Article 7 paragraph (2) of Law Number 16 of 2019 with PERMA Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. Findings - This study concludes several findings: first, the scholars' opinions on the age limit of marriage vary, but some scholars have agreed to determine it as a means of mashlahah to answer problems in the contemporary era. Second, there are legal inconsistencies between Article 7 paragraph (2) of Law Number 16 of 2019 and PERMA Number 5 of 2019, namely the age limit for marriage and the application for marriage dispensation. Research Implications - The regulations on marriage dispensation have indeed been explained, but there is still a lack of clarity regarding the urgent reasons for applying. Therefore, detailed clarity is needed to answer these reasons so as not to cause legal disharmony and legal uncertainty.

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Journal Info

Abbrev

legitima

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legitima: Jurnal Hukum Keluarga Islam/ Legitima: Journal of Islamic Family Law is a Double Blind peer-reviewed journal published by the Islamic Family Law Department, Faculty of Shariah, Tribakti Islamic University, Lirboyo, Kediri, East Java. The journal publishes high-quality research and ...