Al-Iftah: Journal of Islamic studies and society
Vol 1 No 2 (2020): Al-Iftah: Journal of Islamic studies and society

Judge Consideration of Marriage Dispensation at Sidenreng Rappang Religious Court

Melda Sufri (Pengadilan Agama Sidrap)
Zainal Said (IAIN Parepare)
Aris Rauf (Unknown)



Article Info

Publish Date
31 Dec 2021

Abstract

This study explains that applications for marriage dispensation at the Sidenreng Rappang Religious Court have increased from year to year, and in 2019 there were 222 cases. The purpose of this study is to describe the development of the marriage dispensation, analyze the reasons behind the application for a marriage dispensation, and reveal the judges' considerations regarding the intent of the Marriage Law in Article 7 paragraph 2 of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage. This type of research is descriptive qualitative, the research location is at the Sidenreng Rappang Religious Court, for primary data sources, namely copies of decisions, marriage laws, judges, clerks and justice seeking societies and secondary data sources. The results of this study indicate that 1) Marriage dispensation at the Sidenreng Rappang Religious Court, from year to year always increases and in 2019 experienced a very sharp increase; 2) Based on cultural, educational, economic, environmental factors and pregnancy outside of marriage, and 3) Juridical analysis of the legal considerations of the Sidenreng Rappang Religious Court judge regarding the marriage dispensation Law Number 16 of 2019 and based on the rules of fiqhi and maqashid al-Syariah, the reality ignores several administrative requirements that can support judges' considerations to realize and guarantee the best interests of children.

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Journal Info

Abbrev

aliftah

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Iftah is a biannual peer-reviewed international journal published in June and December by Postgraduate of the Institut Agama Islam Negeri (IAIN) Parepare, South Sulawesi - Indonesia. Al-Iftah focuses on Islamic Studies in broad context with regards but not limited to education, Islamic Law, ...