TINJAUAN HUKUM ISLAM TERHADAP PERMOHONAN DISPENSASI NIKAH PADA PENGADILAN AGAMA PALOPO

Marriage dispensation is an exception to the rule or law that is given to the applicant to get married. In this study, the author examines the determination of a marriage dispensation application in a civil case Number: 45/Pdt.P/2022/Pa.Plp. The focus of the research problem formulation is the basis for the judge's consideration in granting the request for a marriage dispensation in a civil case Number: 45/Pdt.P/2022/PA.Plp. Then, what is the review of Islamic law regarding requests for marriage dispensation in civil cases Number: 45/Pdt.P/2022/Pa.PlpType of research is library research with a normative juridical approach. Juridical legal research means research that refers to existing literature studies or to the secondary data used. While normative in nature means legal research that aims to obtain normative knowledge about the relationship between one regulation and another. The data material analysis method uses a qualitative method which is presented prescriptively.The results of this study indicate that the basis for the judge's consideration in granting the request for marriage dispensation is that there is an urgent reason, because she is already pregnant. Low education so there is no study and work activities because of the weak economy, and the prospective bride and groom are ready physically and mentally. The judge's legal considerations in granting a marriage dispensation are that there is article 7 paragraph 2 of Law No. 1 of 1974 concerning marriage, in the case of deviations from the marriage age limit, you can ask for dispensation from the court or other officials appointed by both the male and female parents. woman. the judge's consideration outside the law uses the concept of maslahah mursalah because the provisions on age restrictions and marriage dispensation are not explained in the text, but the content of maslahat is in line with syara' actions that want to bring benefit to the applicant (both bride and groom and their families) because there is an urgent matter, namely pregnancy formerly. Then in terms of trying children related to marriage dispensation based on Supreme Court Regulation number 5 of 2019 concerning Guidelines for adjudicating applications for marriage dispensation.