Pelaksanaan Pemberian Dispensasi Nikah Dibawah Umur Di Pengadilan Agama Teluk Kuantan Menurut Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan

Reza, Titania Heni (2022) Pelaksanaan Pemberian Dispensasi Nikah Dibawah Umur Di Pengadilan Agama Teluk Kuantan Menurut Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

Regarding dispensation for underage marriage at the Kuantan Bay Religious Court according to Law Number 1 of 1974 concerning Marriage, the application for a marriage dispensation from the applicant's side. Underage marriage is a marriage carried out by children or adolescents, closely related to the court which has the right to refuse or accept a marriage dispensation application if the reasons submitted are not supported by strong reasons.The Marriage Law provides an opportunity if in very compelling circumstances, underage marriages can be carried out by applying for a marriage dispensation to the local Religious Court with a cover letter from the KUA. The main problems in this study are: first, what is the procedure for the implementation of the dispensation for underage marriage at the Teluk Kuantan Religious Court. Second, what are the causes and considerations for the judge to grant the dispensation for underage marriage at the Teluk Kuantan Religious Court? This research is classified into sociological research (empirical) or observation, namely by going down the field to get information and also data. The author uses the method of drawing conclusions from inductive thinking, namely a general statement into a specific statement. The results of this study indicate that the procedure for implementing the marriage dispensation at the Teluk Kuantan Religious Court is the same as the procedure for litigation in general. The applicant completes the specified conditions. Then the case file is examined by the panel of judges, the panel of judges discusses, after the deliberation is over, the suspension is revoked and the applicant is called back into the court room, then the decision is read out. Among the factors that caused the marriage dispensation to be submitted, the first was due to pregnancy outside of marriage, the second was due to economic factors, and the third was due to educational factors. The basis for the judge's consideration in granting the marriage dipensation is that the judge is not only guided by the law, which is also seen from the point of view of the basic law of the Fiqhiyyah Rule.

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