Out-of-Court Assistance Based on the Principle of the Best Interests of the Child
Study on Examination Process of Marriage Dispensation Cases
Bibliographic Data
| ID | 22317835 |
|---|---|
| Authors | Ashabul Fadhli (Universitas Islam Negeri Imam Bonjol Padang), Asasriwarni Asasriwarni (Universitas Islam Negeri Imam Bonjol Padang), Elfia Elfia (0000-0002-0262-9641, Universitas Islam Negeri Imam Bonjol Padang), Muhammad Hizbi Islami (International Islamic University Malaysia) |
| Year | 2024 |
| Volume | 23 |
| Issue | 1 |
| Pages | 67 |
| Publication date | 2024-06-14 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | JURIS (Jurnal Ilmiah Syariah) (JOURNAL) |
| Journal identifiers | ISSN: 1412-6109 • E-ISSN: 2580-2763 |
| Publisher | Iain Batusangkar (PUBLISHER) |
| DOI | 10.31958/juris.v23i1.10281 |
| OpenAlex | W4400219643 |
| Language | EN |
| Citations received | 2 |
| References cited | 24 |
This research aimed to elaborate the legal phenomenon of marriage postponement proposed by the applicant in the examination process of marriage dispensation cases at the Religious Courts of Bukittinggi. The decision is taken after the applicant receives out-of-court assistance in marriage dispensation cases by other institutions that has been explicitly regulated in the Supreme Court (PERMA) Number 5 of 2019. The purpose of the assistance is to ensure the children’s readiness in entering marriage and the follow up to limited amendment of Article 7 Marriage Law on age limit. This phenomenon is intriguing due to a sizeable finding on previous marriage dispensation cases where most applicants insisted on getting married soon. This field study is descriptive qualitative research applying the descriptive-analysis method. The empirical-juridical approach was employed, analyzing primary and secondary data sourced from interviews and documentations. The collected data were subjected to Creswell’s technique starting from data processing to data interpretation. The results showed that the assistance practice has successfully encourage many child applicants to make decisions based on their best interests, namely postponing the marriage that is facilitated through an integrated system that includes psychological examination, legal approach, and religious approach. Indeed, this system is non-existent in the previous examination process of marriage dispensation cases. Interpretation and realization of Article 15 of PERMA are perceived to have contributed to the decreasing number of marriage dispensation cases in the Religious Courts of Bukittinggi, and establishing PERMA Number 5 of 2019 as the law that guarantees the prevention of child marriage
Epistemology · Phenomenon · Political science · Sociology · Supreme court · Computer Science · Gender and Women's Rights · Law · Legal Studies and Policies · Marriage and Family Dynamics · Psychology
Contemporary Islamic Law in Indonesia
Understanding the Implications of Marriage Law Amendments
Understanding the Complexities of Child Marriage and Promoting Education to Prevent Child Marriage in Indramayu, West Java
‘Alasan Khawatir’ Pada Penetapan Hukum Dispensasi Kawin Di Pengadilan Agama Batusangkar
Adjudicating Underage Marriages at Religious Courts
Dispensasi Kawin Dalam Sistem Hukum Indonesia
Perpetuating Women's Subordination
Marriage Dispensation in Underage Marriage
Rationalization of Islamic Legal Considerations in Marriage Dispensation
Harmonization of Islam and human rights
Baby engagement within the traditional ulama of the Madurese ethnicity
From Communal to Individual
The Incapability to Establish a Household as a Consequence of Child Marriage
Problematizing the Minimum Age of Marriage
Hadith of Aisha’s Marriage to Prophet Muhammad
Judge's Dilemma in Marriage Dispensation in the Religious Court
Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia
Understanding of the Hadith, Marriage Age and the Islamic Law
Efforts to Prevent Child Age Marriage in The Study of Islamic Legal Philosophy and Indonesia Positive Law
Settlement of the Fulfillment of Wife and Child Livelihood by the Islamic Religious Council Southern Patani Region of Thailand
Impacts of Early Childhood Marriage in Indonesia Viewed from Child Protection Laws Perspectives
Trends in child marriage and new evidence on the selective impact of changes in age-at-marriage laws on early marriage
Child Marriage
Female Genital Mutilation and Age at Marriage
| Unique citing works | 2 |
|---|---|
| Citations per year | 1 |
| Citation span | 2024 - 2024 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |