PERAN HAKIM TERHADAP PENURUNAN PERNIKAHAN DINI PERSPEKTIF HUKUM ISLAM (STUDI KASUS DISPENSASI NIKAH DI PENGADILAN AGAMA KABUPATEN MALANG)

Abstract

Early marriage is a serious problem for developing countries, including Indonesia. Various studies conclude that the need to stop child marriage is due to its extraordinary impact, especially in the context of maternal and child mortality at an older age. This is why the Marriage Exemption Provision exists. Marriage licenses are a boon for those who want to get married but cannot because they have not yet reached the final limits set by the government, while marriage certificates are also a boon for parents and guardians of children who have not yet reached their limit limits. be a benefit. standard. It gives people permission to marry. Marriage Approval of a marriage license requires an application for arbitration to the local religious court and several court proceedings. The purpose of this research is to clarify 1). What is Islamic law regarding early marriage, 2). Know the factors that motivate you to apply for a marriage license, 3). Knowledge of the role of the Maran Regent's Inquisition judges in encouraging early marriage. This study uses descriptive qualitative research. Her three methods of observation, investigation and documentation were used to collect this data. For this observation, the authors use an uninvolved observation, in which the researcher is not directly involved. An interview is a data collection technique through a one-sided question-and-answer process. In the papers that were conducted, Foltol was used as the main component of the study. Based on research into Kharqurm Islam's views on early marriage, Islamic law does not specifically mention Eurusia or how children are counted as adults. Economic, cultural, religious and educational factors drive a person to apply for a marriage license to the Malang Provincial Religious Court. And the role of the judges of the Malang Regent Inquisition in enforcing early marriage is in the best interests of the child, so the role of the judges is consistent with Islamic law. Furthermore, the external role of religious courts and internal religious courts is that the external role of religious courts is to advise communities and the internal role of religious courts is to advise parties, especially parties. perhaps. Future senior bride and groom.