Pertimbangan hakim dalam pengabulan isbat nikah siri di pengadilan agama kuala kurun: pendekatan kontekstual hukum

Prajamufti, Yunizar (2022) Pertimbangan hakim dalam pengabulan isbat nikah siri di pengadilan agama kuala kurun: pendekatan kontekstual hukum. Jurnal Ilmu Syariah dan Hukum (JISYAKU), 1 (1). pp. 67-83. ISSN 2830-6805

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Abstract

The panel of judges at the Kuala Kurun Religious Court granted the application for isbat marriage between husband and wife with a muhakkam guardian appointed by the bride based on the provision that the bride can appoint her own guardian if she does not have a guardian from the family or there are no government officials who can marry off. Meanwhile, when a husband
and wife get married, there is an official who is responsible for getting married. Applications are also accepted due to limited access to services and knowledge. In his consideration, there is no explanation that there are limitations of marriage services. The type of research used is normative which examines the Kuala Kurun Religious Court Decision Number 0004/Pdt.P/2019/PA.Kkn using a statutory approach, a conceptual approach and a case approach.The basis of the judges
of the Kuala Kurun Religious Court in determining the Isbat of Siri Marriage include the Islamic legal doctrine in the Book of I'anathuth Thalibin and Kitab al-Mughni and Article 7 paragraph (2) and paragraph (3) letter (e) Compilation of Islamic Law. The judge's consideration of the contextual legal perspective puts forward philosophical and sociological aspects that reflect the benefits for the interests of the parties as well as the principles of justice, especially moral and social justice. The judge's consideration from the maslahah side is that there is an effort so that the applicants get benefit through marriage registration so that the marriage isbat application is approved.

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