Jurnal Hukum Islam dan Hukum Keluarga
Vol 2 No 2 (2022): Hukum Keluarga Islam

PERTIMBANGAN HUKUM HAKIM TERHADAP PERKARA DISPENSASI NIKAH (Studi Penetapan Pengadilan Agama Kelas 1-A Pontianak Nomor 42/Pdt.P/2019/PA.Ptk)

Nugrahanto Nugrahanto (IAIN Pontianak)
Dahlia Haliyah (IAIN Pontianak)
Moh. Fadhil (Unknown)



Article Info

Publish Date
08 Nov 2022

Abstract

The purpose of this study is to find out what are the basic sociological considerations and what factors cause sociological considerations to judge the considerations of the Religious Court Class 1-A Pontianak, in granting or rejecting the case of the marriage dispensation. Researchers use qualitative research methods with the type of field research (field research), namely research to solve problems and find theories based on verification of data collected in the field. The normative juridical approach, namely legal research conducted by examining library materials or secondary data as the basis for research, by conducting a search on regulations and previous research relating to the problem under study. The results of the study show that: the basis of sociological considerations is to maintain or prevent a bigger problem from occurring, according to the fiqh rule that preventing damage is prioritized over bringing good, this pregnant woman candidate cannot be separated from the basic considerations by the judges even though it is not stated in the determination of considerations , also do not merely become pregnant as a marriage dispensation granted. There are several factors of sociological consideration of the judges of the Pontianak Religious Court class 1-A in determining the case of marriage dispensation. Among other things: the circumstances, the closeness between the prospective husband and wife and the agreement or agreement on the rights of a child.

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Journal Info

Abbrev

alusroh

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Other

Description

Al-Usroh is a Scientific journal in the field of Islami Family Law that published by Islamic Family Law Program Shariah Faculty State Institue Of Islamic Religious Pontianak. This journal countains the masterpiece of writers and reserches. This journal welcomes contribution from scholars and expert ...