Kajian Yuridis Status Hukum Perkawinan yang Didasarkan Atas Dispensasi terhadap Batas Usia Kawin

Virmawan, Dikiy (2018) Kajian Yuridis Status Hukum Perkawinan yang Didasarkan Atas Dispensasi terhadap Batas Usia Kawin. Undergraduate thesis, UNIVERSITAS MUHAMMADIYAH JEMBER.

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Abstract

This study aims to provide accurate results to provide information or input about court decisions in granting or rejecting a dispensation request. Here, it is used using the definitions that occur in the sample. This study uses decisions about religion about marital dispensation that are paid and rejected. Data collection was conducted through interviews with judges in the religious month of Jember and requesting the required data from the results of this study indicate that the Fundamentals (Judges) in granting requests for marriage dispensation based on the decision of the Jember Religious Court Number 1165/Pdt.P/2017/PA.Jr The author argues that with the decision of the judges to grant the request for marriage dispensation, that is because the author considers that the formal and material conditions have been fulfilled and are in accordance with Islamic Law. That way the legal status becomes sunnah because physically and spiritually are able to get married and then for the living expenses already exist. Then based on the decision of the Situbondo Religious Court Number 0058/Pdt.P/2015/PA. It is the author that agrees with the decision of the judges to reject the request for dispensation because it is feared that the purpose of the marriage itself cannot be followed. With this status, the Law becomes macro because the marriage will not happen sin and will be dynamically married will bring sensitivity to the two brides. The legal status of marriage obtained through age offerings according to Islamic marriage law, namely pregnant marriages according to Imam Hanafi, Maliki, Safi'i and Hambali, argues that marriage law with a woman who is pregnant out of wedlock is valid and does not mix as husband and wife of the male who impregnated him and then became the one who married him, advancing both of them to remain mate not yet old enough that is a 19-year-old man and a 16-year-old woman can apply for marriage dispensation and his legal status becomes sunnah. marriages which are based on softening or maturation of their legal status become Sunnah because it is based on the decision of the Court which is considered as an adult is baliq and strong gawe (able to support the family). Marina customary law becomes Sunnah for men who are able to work hard, and the law becomes mature, and the Law is a mess of people who cannot do anything. for everyday life.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Mirriage, Child
Subjects: 300 Social Science > 340 Law > 346 Private Law
Divisions: Faculty of Law > Department of Law Science (S1 - Undergraduate Thesis)
Depositing User: Hendri Uut Fahrullah
Date Deposited: 13 Jan 2020 06:09
Last Modified: 13 Jan 2020 06:09
URI: http://repository.unmuhjember.ac.id/id/eprint/3350

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