| Popis: |
This study aims to answer the question about what considerations taken by Lamongan Religious Court judges against the decision of marriage dispensation on the grounds of being capable of providing nafkah (livelihood support) and how the analysis of the Marriage Law and Islamic Law in Indonesia towards the decision of Lamongan Islamic Court judges on marriage dispensations on the grounds of being capable of providing nafkah.To answer the above question, the writer uses data collection techniques through both documentation and interview. Documentation in the form of Lamongan Islamic Court decision and library reviews are then analyzed by using analytical and descriptive methods with a deductive mindset.This study concludes that the judges set marriage dispensations on the grounds of being capable of providing nafkah and is based on the grounds that all the requirements to perform marriages are met except the age requirement for prospective bridegroom that has not attained the age of 19 years, as referred to in the Compilation of Islamic Law Article 15 Paragraph 1: (1) "For the benefit of families and households, marriage should only be carried out by prospective brides who have attained the age specified in Article 7 of Law Number 1/1974 the husband candidates at least 19 years old and prospective wives at least16 years old." All this is also in conformity with some written evidence and witnesses. Lamongan Religious Court decision in determining the marriage dispensation is very relevant to Islamic Law and Law No. 1, 1974, though in their legal considerations, the judges are less concerned about the capability of prospective husband. Thus, the decision does not imply the validity of marriage, as in the case of Islamic jurisprudence (fiqh) it is allowed as long as there is no necessary element of fraud or injured party due to the marriage. |
