The Implementation of Underage Marriage Dispensation in Palu Religious Court.

Abstract

This research aims to further understand the essence of granting underage marriage dispensation in Palu city. This is qualitative research, carried out at the Palu City Religious Court, Central Sulawesi, Indonesia. The research results show that the backgrounds for marriage dispensation applications in Palu Religious Court include concerns of slander, avoiding premarital pregnancy, and various considerations from the economic, social, and moral aspects. In providing marriage dispensation verdicts in court, the judge assembly upholds the principle of al-mashlahah al-mursalah (a virtue which is not stipulated in the Islamic sharia, but is carried out to bring benefit). Thus, even though the minimum age of marriage and marriage dispensation is not stipulated detailly in the Holy Koran, its essence of public interest is parallel to the sharia, which is aimed to bring benefit to the people (the bride, the groom, and their families).