Pertimbangan Hakim dalam Mengabulkan Dispensasi Nikah

Dwi Mei Laila, Shofia Hanifah, Nabila Izzaba, Tsabita Zaskia
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Abstract

: Early marriage is the marriage of a couple who is still young, that is, they have not reached the age of 20 years. The impact of early marriage is to increase the risk of health problems for both mother and child. Many cases are kept in the Religious Courts, especially those related to the timing of marriage. It is impossible for a judge to reject a case he is hearing, let alone a marriage case itself. Marriage is the right to enter into a marriage granted by a religious court in the form of law. This freedom is offered by someone who is about to get married but whose age does not yet meet the requirements of the Marriage Law in Article 7 paragraph (2) of Law Number 1 of 1974. Regarding marriage, its meaning is not determined by reflection, therefore in this case the judge is obliged to determine The content of the article itself determines the request for marriage freedom that is granted. The purpose of this research is to find out how judges decide divorce cases? This type of research is descriptive research, where the author made this research, the source is from many references. From the research results, it can be concluded that Religious Court Judges determine the freedom to marry in accordance with existing regulations.
法官在批准婚姻豁免时的考虑因素
:早婚是指一对夫妇结婚时还很年轻,即未满 20 岁。早婚的影响是增加母亲和孩子出现健康问题的风险。宗教法院受理了许多案件,尤其是与结婚时间有关的案件。法官不可能驳回他正在审理的案件,更不用说婚姻案件本身了。婚姻是宗教法庭以法律形式赋予的缔结婚姻的权利。即将结婚但年龄尚未达到 1974 年第 1 号法律第 7 条第(2)款规定的《婚姻法》要求的人可以享有这种自由。关于婚姻,其含义不是通过思考来确定的,因此,在这种情况下,法官有义务确定该条的内容。本研究的目的是了解法官是如何判决离婚案件的?这类研究属于描述性研究,作者在进行这项研究时,资料来源于许多参考文献。从研究结果中可以得出这样的结论:宗教法院法官根据现行法规确定婚姻自由。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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