Penerapan Peraturan Mahkamah Agung Republic Indonesia Nomor 5 Tahun 2019 Tentang Penyelesaian Perkara Dispensasi Nikah Di Pengadilan Agama Pangkalan Kerinci (Studi Kasus: Perkara Nomor 55/PDT.P/2019/Pa.Pkc)

Fauzul, M (2020) Penerapan Peraturan Mahkamah Agung Republic Indonesia Nomor 5 Tahun 2019 Tentang Penyelesaian Perkara Dispensasi Nikah Di Pengadilan Agama Pangkalan Kerinci (Studi Kasus: Perkara Nomor 55/PDT.P/2019/Pa.Pkc). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Humans are creatures that are more perfect when compared to other creatures. With the advantages that exist in humans, it is only natural and humans should be able to make the best use of these advantages. The family as the smallest institution in a society plays an important role for the formation of a quality young generation. Marriage is intended to achieve happiness and peace of human life, it is through the door of marriage that a man and a woman can fulfill their biological needs. In syar'i, through this marriage order, Allah SWT also shows how much he loves humans and how vast Allah SWT's knowledge of human needs is. Underage marriages also occur and are carried out by some Pelalawan people. This can be seen from the list of cases submitted to the Pangkalan Kerinci religious court that there are some people who file marriage dispensation cases to the Pangkalan Kerinci religious court.As for the main problem in this study What is the reason for the dispensation of marriage in Case number 55 / Pdt.P / 2019 / PA. PKc How is the Implementation of Marriage Dispensation in Case number 55 / Pdt.P / 2019 / PA. PKc The method used in this research can be classified as seen from the point of view of its type, this research belongs to the type of normative legal research. namely research that discusses legal principles, legal systematics, levels of legal synchronization, history and legal comparisons, in the form of case studies by studying case files Number: 55 / Pdt.P / 2019 / PA.PKc and discussing them using reading materials While in terms of its nature, this research is descriptive analysis, which is a research method used to describe a condition or situation that is happening or is taking place in order to provide data as accurately as possible about the object of research so that it is able to explore based on theories. existing legal theory The results of the study. Based on the results of the study, according to the authors, from these reasons, it appears that the marriage must be carried out quickly because the applicant's child is now 4 (four) months pregnant by a man named judge, but this man is unknown and does not want to be responsible. With the condition of the Petitioner's child who is pregnant, the prospective husband of the Petitioner's child named Muhammad Luthfi has known the Petitioner's child since 1 month ago and has been in a love affair and is even willing and agreed to marry and build a household with the Petitioner's child. The author regrets the decision made by judge, here the judge does not apply justice fairly. We can see this injustice from the perspective of Hifdzu Nasl, the wife of the petitioner's child who has confirmed that she is illegally pregnant. If not married off, on the contrary this will backfire for Ijtihad, which will be carried out by the judges. Children who must be given their rights cannot be realized, just like the future of the child. If she is a woman and wants to marry her real father in the future, she cannot become a guardian. Article 100 of the Compilation of Islamic Law states: "Children born out of wedlock have only Nasab relations with their mother and their mother's family." In the author's opinion, the ijtihad determined by the jury through a copy of the provisions actually differs from the values ​​for which Sharia is implemented. (Maqashid Shari'ah).

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