Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation
This research aims to analyze the judge's considerations in granting dispensation for child marriage in the Religious Courts Class I.B Blora (the case number 153/Pdt.P/2019/PA.Bla). This research is qualitative using a normative approach. Data were obtained through a review of several case exam...
| Main Authors: | , , |
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| Format: | Article |
| Language: | Arabic |
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Institut Agama Islam Negeri Raden Intan Lampung
2022-04-01
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| Series: | Al 'Adalah: Jurnal Hukum Islam |
| Subjects: | |
| Online Access: | http://ejournal.radenintan.ac.id/index.php/adalah/article/view/9515 |
| _version_ | 1811291557950652416 |
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| author | Ali Mutakin Ahmad Yani Siti Muslikaturohmah |
| author_facet | Ali Mutakin Ahmad Yani Siti Muslikaturohmah |
| author_sort | Ali Mutakin |
| collection | DOAJ |
| description | This research aims to analyze the judge's considerations in granting dispensation for child marriage in the Religious Courts Class I.B Blora (the case number 153/Pdt.P/2019/PA.Bla). This research is qualitative using a normative approach. Data were obtained through a review of several case examination documents, books, articles, journals, and regulations related to the research topic. According to the prevailing regulation, the age limit for marriage for both men and women is 19 years. If the man and woman have not reached the specified age, the family is allowed to apply for a marriage dispensation to the Court. This study found that the judge's considerations in deciding the case were based on the concept of sadd al-zari'ah (closing the path of evil). This is because in the case submitted there is two conflicting badness. First, the badness of early marriage relates to the health condition of the prospective bride and groom, which includes the health of reproductive organs, pregnancy, the expected child, and the possibility of a break in the household. Second, the bad impact that arises if the dispensation application was rejected, the two prospective brides continue to be involved in adultery. Of the two bad impacts, adultery is far worse. Based on the sadd al-dzarî'ah, the judge, therefore, granted the dispensation request. |
| first_indexed | 2024-04-13T04:31:09Z |
| format | Article |
| id | doaj.art-433e5c4014334d7ebb0d02a0ef47e219 |
| institution | Directory Open Access Journal |
| issn | 0854-1272 |
| language | Arabic |
| last_indexed | 2024-04-13T04:31:09Z |
| publishDate | 2022-04-01 |
| publisher | Institut Agama Islam Negeri Raden Intan Lampung |
| record_format | Article |
| series | Al 'Adalah: Jurnal Hukum Islam |
| spelling | doaj.art-433e5c4014334d7ebb0d02a0ef47e2192022-12-22T03:02:19ZaraInstitut Agama Islam Negeri Raden Intan LampungAl 'Adalah: Jurnal Hukum Islam0854-12722022-04-0118210.24042/al-'adalah.v18i2.95154511Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage DispensationAli Mutakin0Ahmad Yani1Siti Muslikaturohmah2Sekolah Tinggi Agama Islam Nurul Iman Parung-BogorFakultas Syariah dan Hukum UIN Syarif Hidayatullah JakartaFakultas Syariah dan Hukum UIN Syarif Hidayatullah JakartaThis research aims to analyze the judge's considerations in granting dispensation for child marriage in the Religious Courts Class I.B Blora (the case number 153/Pdt.P/2019/PA.Bla). This research is qualitative using a normative approach. Data were obtained through a review of several case examination documents, books, articles, journals, and regulations related to the research topic. According to the prevailing regulation, the age limit for marriage for both men and women is 19 years. If the man and woman have not reached the specified age, the family is allowed to apply for a marriage dispensation to the Court. This study found that the judge's considerations in deciding the case were based on the concept of sadd al-zari'ah (closing the path of evil). This is because in the case submitted there is two conflicting badness. First, the badness of early marriage relates to the health condition of the prospective bride and groom, which includes the health of reproductive organs, pregnancy, the expected child, and the possibility of a break in the household. Second, the bad impact that arises if the dispensation application was rejected, the two prospective brides continue to be involved in adultery. Of the two bad impacts, adultery is far worse. Based on the sadd al-dzarî'ah, the judge, therefore, granted the dispensation request.http://ejournal.radenintan.ac.id/index.php/adalah/article/view/9515child marriage, sadd al-dzarî'ah, court decision |
| spellingShingle | Ali Mutakin Ahmad Yani Siti Muslikaturohmah Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation Al 'Adalah: Jurnal Hukum Islam child marriage, sadd al-dzarî'ah, court decision |
| title | Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation |
| title_full | Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation |
| title_fullStr | Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation |
| title_full_unstemmed | Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation |
| title_short | Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation |
| title_sort | implementation of sadd dzari ah in the decision of religious courts class i b blora concerning marriage dispensation |
| topic | child marriage, sadd al-dzarî'ah, court decision |
| url | http://ejournal.radenintan.ac.id/index.php/adalah/article/view/9515 |
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