POLEMIK PENETAPAN ISBAT NIKAH DIBAWAH UMUR

Abstract

Isbat of marriage is the determination of the truth (legitimacy of marriage). Juridically, isbat of marriage is regulated in laws and regulations such as Law Number 1 of 1974 concerning Marriage and KHI. The regulation confirms that marriage isbat is permitted in marriages carried out by those who do not have marital barriers according to Law Number 1 of 1974. In practice, marriage isbat submitted to the Religious Courts is carried out for those who have marriage barriers according to Law Number 1 1974. This study aims to determine the impact that arises from the determination of the isbat marriage under age. This writing is included in the category of library research. The nature of the research is prescriptive, by describingand interpret existing phenomena, regarding the conditions or relationships that exist in the object of writing. This writing approach uses a normative approach. The results obtained are the weakening of institutional dignity, there will always be unregistered marriages, the occurrence of legal disparities. The recommendation needs a re-examination of the provisions of the marriage isbat