TINJAUAN QAWAID AL-FIQHIYYAH TERHADAP PERLINDUNGAN HAK PEREMPUAN DALAM PERTIMBANGAN DISPENSASI KAWIN DI PENGADILAN AGAMA (Studi Penetapan Nomor 41/Pdt.P/2022/PA.Skg.)

Abstract

This research aims to examine the protection of women's rights in marriage dispensation cases in the Religious Courts with a review of fiqh rules, especially fiqh rules regarding emergencies that are often included in the consideration of granting marriage dispensation cases even though the granting of marriage dispensation is not based on very urgent reasons. The result of this study is that the marriage dispensation case, especially if the case involves a woman under the age of 16, the judge must consider all aspects of difficulty and harm from two sides, namely the harm that arises if the case is permitted, as well as the harm that arises if the case is rejected, then both are carefully considered regarding which aspect is more severe in harm, then the most harmful aspect must be prioritized to prevent. This aims to produce a decision that protects women's rights (gender justice decision), and so that the application of fiqh rules can be truly applied to actual conditions accompanied by appropriate and mature considerations.