| dc.description.abstract | Marriage is a physical and emotional bonding between a man and a woman
as husband and wife to build a long-lasting happy family with a belief in the One
and Only God, which should be so maintained solemnly. This noble objective
must be supported by physical readiness and maturity of the soul from both sides.
Article 2 Verse (1) of Law No. 1 Year 1974 on Marriage restricts the age of
marriage to 19 for men and 16 for women. However, this law gives an opportunity
to the practice of child marriage if dispensation is proposed to the Religious Court
as is stated in Law No. 1 Year 1974 Section 7 Verse (2). The bride and groom of
child marriage are children whose age, according to Law No. 23 Year 2002
Section 1 Verse (1), is below 18 years old, including unborn children. However,
child marriage has negative impacts on education, health, and high risk of divorce.
The Religious Court of Bantul Regency is one of the courts that have the
authority to provide marriage dispensation. In 2016, the court received 96 cases of
marriage dispensation and granted permission to 87 of them. Among those, the
Dispensation Verdict No. 171/Pdt.P/2016/PA.Btl, the object of this study, was
granted because the person who filed the lawsuit was worried about the possibility
of adultery by both parties. The main problem discussed in this thesis is which
considerations become the basis of the judge in making decision for the Marriage
Dispensation Verdict No. 171/Pdt.P/2016/PA.Btl and the perspective of Law No.
23 Year 2002 on Child Protection and of Maqāşid Asy-Syarī’ah towards Marriage
Dispensation Verdict No. 171/Pdt.P/2016/PA.Btl.
This study is library research with a normative-juridical approach and
analytical-descriptive study. Data is gathered through observation, interview, and
documentation. Data analysis is conducted qualitatively using the inductive
method. The results show that the judge has used the fiqh norm in making
decision, which is “avoiding harm is more prioritized than emphasizing goodness”,
but not considered Law No. 23 Year 2002 on Child Protection and Maqāşid Asy-
Syarī’ah, causing negligence of the rights of children. | en_US |
