Islamic Law Review of Judge Considerations in Agreeing to Marriage Dispensation (Case Study in The Klaten Religious Court)
Islamic
Law Review of Judge Considerations in Agreeing to Marriage Dispensation (Case
Study in The Klaten Religious Court)
Berlian Fajrul Falakh
Universitas Islam Negeri Sunan
Kalijaga
ABSTRAK
This study explains the review of Islamic law on the Judge's considerations
in determining marriage dispensation at the Klaten Religious Court. This
research is library research by writing and clarifying data from various
written sources at the Klaten Religious Court. Moreover, it is supported by
field research in the form of interviews with judges and data collection of
primary legal information for the Judge's considerations in providing marriage
dispensation for the underage bride and groom couples and normative, juridical reviews
regarding the issue of judges' considerations in determining marriage
dispensations. This research shows that the legal considerations of marriage
dispensation by the judges of the Klaten Religious Court are Law Number 1 of
1974 Article 7, paragraphs (1) and (2) concerning marriage. Whereas
normatively, it is the fiqhiyah rule of "maintaining benefit and rejecting
harm" for all parties and society. The Judge's consideration in
determining the dispensation of marriage has been in line with one of the fiqh
rules, namely the Mashlahah Mursalah, which explains and stipulates the legal
provisions.
Keywords: Islamic Law, Judges' Considerations, Marriage Dispensation
Sumber publikasi Al-Mada:
Jurnal Agama, Sosial, dan Budaya, Vol. 6, No. 3 (2023)
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