Ishom, Muhammad (2023) The Loose Interpretation of Dominus Litis Principle in Marriage Dispensation for Underage Marriage in Banten. Ahkam, 23(2). pp. 329-350. ISSN 2407-8646
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Abstrak
The judges of Religious Courts play a crucial role in reducing underage marriages. The judges can consider marriage dispensation by emphasizing the principle of dominus litis, which can be understood as a case controller. Since the Religious Courts in Banten have granted considerable dispensation appeals, the early-age marriages have increased significantly. This research examines the implementation of the dominus litis principle and the difficulties in establishing the grounds for urgent marriage dispensation. The data were collected via observations and interviews with the judges, former judges, lawyers, and societies. This research employs the juridical-empirical research technique, examining several facts and data generated by the public. The study reveals that to approve marriage dispensation, the judges of Religious Courts merely focus on the legal truth from the applicants’ statements, the underage marriage candidates, witnesses from applicants’ immediate families, and document evidence presented with the application. Judges rarely summon additional witnesses from specialists and professionals focusing on the children’s issues, which might strengthen formal legal evidence. The court granted the request to safeguard the children from immoral behavior, contradicting the common public ethics and morals and ignoring a significant principle of dominus litis.
| Tipe Item/Data: | Artikel |
|---|---|
| Kata Kunci (keywords): | Underage Marriage, Marriage Dispensation, Judges of Religious Court |
| Subjek: | 2x4 Fiqh > 2x4.3 Hukum Perkawinan / Munakahat > 2x4.31 Nikah |
| User Penyetor: | S.S.I Fadhilah Nurinsani Hidayat |
| Tanggal Disetorkan: | 26 Sep 2024 04:45 |
| Perubahan Terakhir: | 16 Okt 2024 03:27 |
| URI: | http://repository.uinbanten.ac.id/id/eprint/15323 |
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