Implikasi batas usia pernikahan dalam undang-undang no. 16 Tahun 2019 terhadap tingginya dispensasi nikah di pengadilan agama bekasi

Nisa, Kurnia Khairun (2022) Implikasi batas usia pernikahan dalam undang-undang no. 16 Tahun 2019 terhadap tingginya dispensasi nikah di pengadilan agama bekasi. Sarjana (S1) thesis, UNIVERSITAS ISLAM "45" BEKASI.

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Abstract

ABSTRACT Kurnia Khairun Nisa, 41182941170001: IMPLICATIONS OF THE MARRIAGE AGE LIMIT IN LAW NUMBER 16 YEAR 2019 ON THE HIGHER DISPENSATION FOR MARRIAGE IN BEKASI RELIGIOUS COURTS. Essay. Bekasi: Department of Ahwal Al-Syakhsiyyah. Faculty of Islamic Religion. Islamic University “45” Bekasi, 2022. Keywords : marriage age, law, marriage dispensation In Islam, the age of marriage is not specified in the Quran or hadith. Similarly, according to the scholars of the school and temporary fiqh, it is only through restrictions such as when they are adults or are already in a state of baligh. However, with the change of law number 1 of 1974 to law number 16 of 2019 which regulates the marriage age limit. With this change, people who want to hold a marriage but are not old enough must apply for a marriage dispensation under the auspices of a religious court for Muslims. The change in the ideal age limit for marriage is assumed to be an increase in the number of applications for dispensation, because the need for marriage at a young age (16 years) in society has been felt, especially with the increase in the age limit, it will certainly encourage an increase in applications for dispensation. This type of research is field research (socio-legal research) conducted by searching documents and interviews. This study aims to determine the implications of the application of Law No. 16 of 2019 on the increase in applications for dispensation at the Bekasi Religious Court. The research method used is a qualitative method, namely explaining data in the form of words (narratives). Therefore, this study seeks to systematically and factually describe the implications of changing the marriage age limit in Law No. 16 of 2019 on marriage dispensation applications which are based on data collected during the study and stated in the form of reports and descriptions. The results of the study stated that the increase in applications for dispensation after the issuance of Law No. 16 of 2019 clearly increased when compared to before the enactment of Law No. 16 of 2019. The increase reached 39% in 2020 and 24% in 2021. From the perspective of Islamic law, the implications of the high application for dispensation due to the existence of Law No. 16 of 2019 do not cause problems. This situation can be understood, through the ushul fiqh approach to the concept of sadd adzara'i as a method of closing the difficulties of changing the marriage age limit for society. This phenomenon can also be seen from the concept of azimah and rukhsoh. In this case, Law No. 16 of 2019 is an azimah and the provisions for marriage dispensation in article 7 of Law No. 1 of 1974 are rukhshoh.

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