ANALISIS FIQH DAN UNDANG-UNDANG PERKAWINAN TENTANG DISPENSASI PERKAWINAN di PENGADILAN AGAMA BEKASI (Studi Putusan Hakim Nomor 0336/Pdt.P/2024/PA/Bks)

Khafid, Muhamad (0014) ANALISIS FIQH DAN UNDANG-UNDANG PERKAWINAN TENTANG DISPENSASI PERKAWINAN di PENGADILAN AGAMA BEKASI (Studi Putusan Hakim Nomor 0336/Pdt.P/2024/PA/Bks). Sarjana (S1) thesis, Universitas Islam 45 Bekasi.

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Abstract

This thesis aims to determine the considerations of the Panel of Judges in the Religious
Court Decision Number 0336/Pdt.P/2024/PA/Bks in Marriage Dispensation and to
determine the analysis of Fiqh and Marriage Law in the decision. This study uses a
qualitative research method. The approach used is a normative legal approach, to the
decision Number 0336/Pdt.P/2024/PA/Bks. Data obtained through a study of court
decision documents. The results of this study are in the form of the Judge's
considerations in the marriage dispensation decision Number 0336/Pdt.P/2024/PA/Bks
that the close relationship between the applicant and the prospective husband raises
concerns about the negative impact if the dispensation is rejected. The basis for the
Judge in deciding this case is the Marriage Law Number 16 of 2019, which sets the
minimum age for marriage at 19 years and regulates dispensation through the Religious
Court in accordance with Article 7 paragraphs (1) and (2), and refers to the Al-Quran,
Surah An-Nur, verse 32 and the Hadith. In his analysis, the Judge explained that the
Marriage Law Number 16 of 2019 requires an age of 19 years to marry, with the
exception of dispensation from the Religious Court, but in Fiqh there is no age
provision, but rather emphasizes biological maturity (baligh) which is marked by wet
dreams for men and menstruation for women.
Keywords: Judge's Consideration, Dispensation, Marriage, Law, Fiqh.

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