PERCERAIAN DAN PERNIKAHAN DINI DI KABUPATEN SEMARANG
The obscurity of the ideal age for a marriage in classical fiqh reference requires the existence of ijtihad among contemporary jurists to determine the ideal age limit for a marriage. The result of the ijtihad is the formulation of a Compilation of Islamic Law which among one of the articles discusses the minimum limit for someone who will hold a marriage (article 15 KHI) which is 21 years. Including the phenomenon that is rife in Indonesia is the rise of early marriage. Early marriage is defined as a marriage that takes place before maturity is reached both physically and psychologically. In an ideal setting, a marriage continues until death approaches one married couple as exemplified by Rasulullah SAW. But now, divorce occurs in many areas. Divorce occurs because of conflict between husband and wife, or the lack of compatibility between both husband and wife to continue the household. This article is the result of a research linking the occurrence of early marriage and divorce rates in Semarang. The object of this research is the decisions in PA Ambarawa ruling relating to divorce and marriage dispensation requests. In the end, the rise of cases of early marriage in Semarang Regency is due to the rise of free association between teenagers. The results of this study concluded that some divorce decisions in PA Ambarawa in 2014 occurred against the background of early marriage.
Abdul Manan, Aneka Masalah Hukum Perdata Islam di Indonesia, Jakarta: Kencana, 2006
Adhim, Fauzil, Indahnya Pernikahan Dini, Jakarta: Gema Insani Press, 2002
al Jazairi, Al Fiqh ala Madzahib al Arba’ah (Maktabah Syamilah Ishdar 3.61)
Arikunto, Suharsimi, Prosedur Penelitian Suatu Pendekatan Praktis Jakarta: Rineka Cipta, 2006
Basyir, Ahmad Azhar, Hukum Pernikahan Islam, Yogyakarta: UII Press, 2004
Casmini, “Pernikahan Dini (Perspektif Psikologi dan Agama)”, Aplikasia: Jurnal Aplikasi Ilmu-Ilmu Agama, Vol. 3, No.1, Juni 2002
Djamal Latief, H. M SH, Aneka Hukum Perceraian Di Indonesia, Jakarta: Ghalia Indonesia, 1982
Fadlyana, E., “Pernikahan Usia Dini dan Permasalahannya”, Jurnal Sari Pediatri, Vol.11, No.2, 2009
Rahmat Hakim, Hukum Pernikahan Islam, Bandung: CV Pustaka Setia, 2000
Rofiq, Ahmad, Hukum Islam di Indonesia, Jakarta: PT.Raja Grafindo Persada, 1977
Kompilasi Hukum Islam
Undang-Undang No.1 Tahun 1974 Tentang Perkawinan
Undang-Undang No. 35 tahun 2014 Tentang Perlindungan Anak
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work’s authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).