Concretizationof Urgent Reason and Sufficientevidence in Providing Marriage Dispensation for Children  by the Judge

Mansari, Mansari; Fatahillah, Zahrul; Muzakir, Muzakir; Oslami, Ahmad Fikri; Zainuddin, Muslim

doi:10.19109/nurani.v20i2.5898

Cited by 4 publications

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“…Prospective husbands/wives are directed to have maturity because various problems will arise in the family (Nidlom & Andrina, 2021). In addition, pre-marital conditions occur due to pregnancy outside of marriage, so unwanted marriages or khalwat arise (Mansari et al, 2020). Counselors play a significant role in this condition by educating and directing through counseling so that Sakinah families are formed to prevent divorce (Samsul & Husen, 2020).…”

Section: Resultsmentioning

confidence: 99%

The need for Islamic premarital counseling in Indonesia by professional school counselors

Sutoyo,

Saraswati,

Muslikah

et al. 2023

J. Prof. Teach. Educ.

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The challenges of premarital counseling arise due to early marriage, divorce, marriage due to prior pregnancy, or various partner problems. As educators for students and prospective couples, counselors can conduct premarital counseling based on needs. The premarital counseling model has yet to be formed for the profession's development, so this study aims to analyze the needs of premarital counseling. The research method type is quantitative descriptive, with 21 students as subjects and a purposive sampling technique. The research instrument was an open questionnaire analyzed using quantitative description through percentages. The results of the study found five basic and salient needs for premarital counseling regarding the conditions for pillars of marriage to be valid, knowledge to form a happy family, setting goals for marriage, selecting criteria for a good husband/wife candidate in religion, and understanding the wisdom behind the prohibition to marry individuals who different faiths. Premarital counselors, as educators who are Islamic, competent, professional, and have integrity, use the Al-Qur'an and Sunnah in answering life's problems with a positive counseling mindset so that they know the relationship with God, application in life, awareness, and meaningful self-quality. The five needs of premarital counseling with an Islamic approach are the basis for developing a premarital counseling model with an Islamic system to be implemented in group and individual counseling. The design of Islamic premarital counseling can be designed for the prevention of early marriages and unwanted cases.

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Section: Resultsmentioning

confidence: 99%

The need for Islamic premarital counseling in Indonesia by professional school counselors

Sutoyo,

Saraswati,

Muslikah

et al. 2023

J. Prof. Teach. Educ.

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“…The application for dispensation must be accompanied by sufficient evidence and reasons to persuade the judge to grant the request. 30 In harmony with the theory of law effectiveness proposed by Soerjono Soekanto, law effective is, or it could also be said that things that affect law enforcement depend on four indicators, namely 1) law/legal norms; 2) law enforcement; 3) facilities and amenities; and 4) community. 31 Regarding the legal norm factor, the principle of dispensing in marriage after revising the marriage law is still maintained.…”

Section: The Relevance Of Religious Court Decisions To Indonesian Pos...mentioning

confidence: 98%

Relevance of Religious Court Decisions Regarding Dispensation in Child Marriage

Fakihudin

Raharjanti²,

Huda³

2022

iplr

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Child marriage in Indonesia is very vulnerable and has been increasing in recent years. In fact, the granting of marriage dispensation in the Religious Courts triggers several legal consequences that arise. Whereas in practice the judge's consideration is not always accepted regarding the marriage dispensation, the judge can also decide to reject the application for child marriage by looking at the existing legal aspects. Based on these problems, the author explains two problems that are the focus of this paper, namely how the legal consequences of the marriage dispensation on child marriage and the relevance of Religious Court Decisions with positive law. This study used empirical juridical research methods. Using secondary data through literature studies such as laws and regulations, court rulings, and legal theory, the method of data analysis uses qualitative methods. Then, this research conducted an empirical study of the literature from online sources. With the receipt of the application for dispensation for marriage, the right to be able to carry out marriages will be obtained so that the marriages carried out are legally recognized by the state and religion. However, even if the judge rejects the application for dispensation for marriage, the applicant can file an appeal at the Supreme Court. In fact, the role of judges is very important and judges also need to be selective when issuing a request for a marriage dispensation so that the increase in child marriage in Indonesia can be prevented.

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“…Society chose the litigation route because conflicts could not be resolved through kinship and deliberation. Because the parties do not accept customary decisions and want legal certainty through the Sharia Court (Mansari et al, 2020). Legal certainty is also important to avoid anxiety (Anwar, Nurrokmah and Bagenda, 2022).…”

Section: Finding Legal Certainty In H} Ad} āNah Conflict Resolution T...mentioning

confidence: 99%

Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh

Khoiri¹,

Nasution

2022

Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan

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This research aims to analyze the resolution of ḥaḍānah conflicts through litigation, specifically the decisions of the Sharia Court in Aceh regarding child custody (ḥaḍānah) to find legal certainty. This research uses a normative-empirical type of research by integrating normative law and empirical law. Normative legal analysis is carried out by examining library archives or secondary data. This research uses laws and judges' decisions in ḥaḍānah cases at the Aceh Syariah Courts. The instruments used in collecting data are observation, interviews, and documents or literature studies. To obtain research data on the number of ḥaḍānah cases that were filed separately at the Sharia Court, the article draws on existing decisions starting from 2016-2021. In this research, 5 (five) Sharia Courts were taken as research samples with 32 ḥaḍānah cases, particularly the Sharia Courts in Langsa, Kuala Simpang, Idi, Jantho, and Takengon. The research applies the theory of legal objectives according to Gustav Radbruch: legal certainty, justice, and expediency. The research shows that legal certainty through the decision of the Sharia Court has been realized. However, this has not provided justice for children because many defendants have not complied with court decisions, especially the surrender of child custody according to court decisions and payment of monthly child support according to what has been decided by the court. Hence, the benefits of the court decisions on the ḥaḍānah case are still not maximized. The solution is to formulate a law that is capable of providing a deterrent effect for defendants unwilling to fulfill court compliance.

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Concretizationof Urgent Reason and Sufficientevidence in Providing Marriage Dispensation for Children by the Judge

Cited by 4 publications

References 0 publications

The need for Islamic premarital counseling in Indonesia by professional school counselors

The need for Islamic premarital counseling in Indonesia by professional school counselors

Relevance of Religious Court Decisions Regarding Dispensation in Child Marriage

Ḥaḍānah conflict resolution through litigation: analysis of sharia court decisions in Aceh

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