Marriage Validation for Underage Marriages at the Watampone Religious Court

Abstract

Marriage in human life is a necessity, and to prevent disorder in its implementation, representative norms are needed. That is Article 2 paragraphs (1) and (2) of Law Number 1 of 1974 concerning Marriage. Paragraph (1) Based on the two norms mentioned above, there often arises a practice in society where only Article 2 paragraph (1) is applied while ignoring paragraph (2), so many people get married and even live as husband and wife for years without having a marriage certificate or book. Based on this phenomenon, the state provides a solution in the form of a marriage legalization request (itsbat nikah) to the Religious Court for Muslims and a marriage approval request to the District Court for those who are not Muslim. The provision of the opportunity for marriage legalization (isbat nikah) for underage marriages for those who do not obtain permission/dispensation to marry from the Religious Court is symbolic because it serves as a solution for cases where marriage dispensation is closed to reasons other than pregnancy. The implication is that the marriage dispensation is at the discretion of the judge by considering the facts in the trial and issuing a decision to approve or reject granting permission/dispensation