SKRIPSI MUAMALAH

PEMBERIAN DESPENSASI KAWIN TEHADAP PERKAWINAN DIBAWAH UMUR

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this type of research in preparation of tis paper uses this type of study analysis (library research) that is together data to make an assessment literature. as for the object of this study was focused on the marriage law no. 26\pdt.p\2013\pa.skh,it's the rationale used in determining marrieage dispentation judge marriage and legal review to considerationns judges of islamic religious court sukoharjo.
in positive law in indonesia has set about marriage, which in article 1 of law no. 1974 states marriage is a bond between the inner and outer man and one women as husband and wife in order to eistablish a happy and eternal families based on god almighty. the purpose for marriage is to realize it need an age restriction of marriage, that's 19 year's for a male and 16 years old. however, in the later development between ideals and reality demands are not as in line and balanced. on fact, under the age of marriage is still often ocurs in the common society. while the act no. 1 of 1974 provides for the gap can have marriage under that age with a dispensation to the local religious court.
this study concludes as follows, which inclydes: 1) the judges in setting the marriage dispensation of justice based on the subtantive legal considerations that can be used as a basis for establishing a marriage for example: pregnancy due to promiscuity among both prospective bride. mating is allowed if the pregnant woman who became pregnant outside of marreage is mated with a male as who impregnate without waiting for the birth of his child. 2) the factors that affect the basic considerations in granting dispenstion judge the age of marriage is the jugde is a not bound by positive law. judges are given the opportunity to conduct certain event, that the wvent is limited to a particular event. in this case, the judge put forward the consept maslahah mursalah, which judges choose kidnees and consideration resist damage in the community as well as effort to prevent harm and also influenced by religious factors and human fctors.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2X4.1 LEL P C.1

Penerbit

: ., 2014

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2X4.1

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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