Islamic Family Law Juridical Analysis of Case Number 014/Pdt.P/2015/PA.Stg Regarding Refusal of Kawing Dispensation at the Sintang Religious Court

Authors

  • Wiranti Wiranti Universitas Islam Malang
  • Mohamad Muhibbin Universitas Islam Malang, Kota Malang Jawa Timur, Indonesia
  • Dahlan Thamrin Universitas Islam Malang, Kota Malang Jawa Timur, Indonesia

DOI:

https://doi.org/10.25217/jm.v7i1.2356

Keywords:

Juridical Analysis, Marriage Dispensation

Abstract

The problems that occurred in the field, especially in the Sintang Class II Religious Court, were found from all the existing cases, there was one case that was rejected, namely case Number 014/Pdt.P/2015/PA.Stg. The purpose of this study is to describe and analyze the basic considerations of the judges of the Sintang Religious Court, the Juridical Factors against the rejection of the marriage dispensation, and the legal consequences of the rejection of the marriage dispensation based on the case decision Number 014/Pdt.P/2015/PA.Stg. This study uses a descriptive method with a qualitative approach. Data collection techniques are carried out through interviews, observation and documentation, and data analysis techniques are carried out by data reduction, data display and drawing conclusions. The results of this study indicate that the marriage dispensation procedure at the Sintang religious court is in accordance with the rules, only in case number 014/Pdt.P/2015/ PA.Stg.hakim using the rule. heavier harm by doing the lighter of the two." The factors that caused the rejection of the case were because the applicant's child objected and he was mature enough to marry the applicant's child's prospective wife.

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Published

2022-06-14

How to Cite

Wiranti, W., Muhibbin, M., & Thamrin, D. (2022). Islamic Family Law Juridical Analysis of Case Number 014/Pdt.P/2015/PA.Stg Regarding Refusal of Kawing Dispensation at the Sintang Religious Court. Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam, 7(1), 55–66. https://doi.org/10.25217/jm.v7i1.2356

Issue

Vol. 7 No. 1 June (2022)

Section

Articles

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