Dynamics of Judges’Considerations in the Determination ofMarriage Dispensation at the Enrekang Religios Court

Alam, Nur and Basri, Rusdaya and Fikri, Fikri (2021) Dynamics of Judges’Considerations in the Determination ofMarriage Dispensation at the Enrekang Religios Court. Al-Iftah: Journal of Islamic Studies and Society, 2 (1). pp. 1-12.

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Abstract

This study is the dynamics of judges' considerations in determining the dispensation ofmarriage at the Enrekang Religious Court. Ideally, the marriage is carried out inaccordance with the existing provisions, but there are still opportunities provided by thestate for the prospective bride and the family/guardian of the prospective bride andgroom who still wish to have an underage marriage. Data in the Enrekang ReligiousCourt that every year there is an increase in cases of marriage dispensation handled inthe last 4 years. In 2017, there were 35 cases received, in 2018, there were 36 casesreceived, but in 2019 there were a surge in cases that were received by 42 cases, this wasas a result of the enactment of Law No. 16 of 2019 and in 2020 as of July 10, 2020, 70cases have been submitted.This type of study is a field research with qualitative researchmethods through juridical normative and sociological approaches. The results showedthat 1) the inconsistency of the applicant’s expectations and the marriage dispensationrequest was not granted in accordance with the Enrekang Religious Court’s marriagedispensation decision, indicating that there was a social conflict contained in thestipulation, the petitioner continues to marry off her child to her future husband but is notregistered at the Office of Religious Affairs or married in a series which will have asocial impact because there is no recognition from the state, constraints in themanagement of population administration and others; 2) the factors considered by thejudge in determining the dispensation of marriage at the Enrekang Religious Court arepsychological, health, educational and economic factors, and 3) the dynamics indetermining the dispensation of marriage at the Enrekang Religious Court can be seen inthe determination of the dispensation of marriage, which differs from one case to another,because sometimes judges differ in giving legal considerations to a case, if there is adifference of opinion in a panel then a vote is made on the case.

Item Type:	Journal Article
Uncontrolled Keywords:	Judges' considerations, dispensation of marriage, Religious Court
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012899 Islamic Family Law not elsewhere classified
Depositing User:	Subhan Saleh
Date Deposited:	14 Jan 2022 07:27
Last Modified:	14 Jan 2022 07:27
URI:	https://repository.iainpare.ac.id/id/eprint/2913

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