Religious Court Dispensation in Underage Marriages According to Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 (Study Decision Number 4/Pdt.P/2022/PA.Bko)

Abstract

This research aims to Urgent conditions such as the prospective bride and groom have been in a relationship for a long time, and their parents are very worried if the prospective bride and groom will escape responsibility. In the case of granting a marriage dispensation in an urgent and much needed condition, it can benefit the applicant. Judging from this situation, parents have a tendency to fear that the son who impregnates them will run away and be irresponsible. The analysis technique used in this study is a qualitative method. qualitative method or literary method is a way of analyzing which originates from legal materials in the form of concepts, theories, laws and regulations, doctrines, legal principles and opinions of experts and their own opinions. In determining 4/Pdt.P/2022/PA.Bko the judge avoids causing harm that is greater than the benefit in accordance with the fiqhiyah rule which reads "Rejecting damage takes precedence over attracting benefit" in this case the judge puts forward the concept of Al-Mashalah Al-Mursalah , because Petitioner I and Petitioner II had been in a relationship for a long time and often traveled together, therefore the parents of both Petitioners were afraid that unwanted things would happen. Provision of marriage dispensation based on Article 7 paragraph (2) Revision of Law Number 16 of 2019 Concerning Marriage, for underage couples who enter into marriages based on certain reasons and objectives, namely Sense of Justice and Use of Law.