Determination of Married Dispensation Number: 008/Pdt.p/2018/Tgm And 0012/Pdt.p/2019/Tgm in Maslahah Perspective

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Qualitative analysis examines judges’ considerations for marriage dispensations, revealing implications for young couples.

Marital decisions are influenced by cultural and familial pressures, and judges consider these when granting dispensations.
The analysis reveals potential harm in young marriages, including disputes and poverty, as highlighted in the cases reviewed.
Descriptive qualitative methods and Ushul Fiqh approach provide insights into legal and religious considerations during the process of dispensation decisions in Tanggamus Religious Court. The overall finding indicates that while judges may grant dispensations, the long-term effects often indicate more harm than benefit for the couples involved.

Tiswarni et al. (2024) studied this question.

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