Itsbat Nikah terhadap Perkawinan di Bawah Umur tanpa Dispensasi Kawin Ditinjau dari Undang-Undang Perkawinan dan Hukum Islam

Abstract

The Marriage Law stipulates that marriages that occur must be recorded by an authorized official. If you have not registered your marriage, you can apply to the Religious Courts for Muslims. The Marriage Law stipulates the age requirement for marriage as one of the requirements for marriage. Underage marriages to be carried out must obtain dispensation permission from the Court. Marriages are often carried out under the hands without regard to the terms of the marriage. For example, the application for itsbat marriage against underage marriages without a marriage dispensation that occurs in the Religious Courts. The purpose of this study was to determine and analyze the validity and legal consequences of itsbat marriage on underage marriages without a marriage dispensation in terms of Marriage Law and Islamic Law. This study uses a normative juridical approach with analytical descriptive specifications. The data collection technique used is by conducting library research and field studies through interviews with related sources. The analytical method used is juridical qualitative. The absence of a marriage dispensation does not affect the validity of an underage marriage. Underage marriages without a marriage dispensation can be legalized in the Religious Courts by taking into account the conditions for itsbat marriage. Underage marriages without a marriage dispensation that have been legalized in the Religious Courts will have the same legal consequences as marriages in general. The marital status will have permanent legal force as evidenced by obtaining a Marriage Certificate Quotation