PERTIMBANGAN HAKIM DALAM DISPENSASI KAWIN AKIBAT KEHAMILAN DITINJAU DARI PERSPEKTIF MASLAHAH MURSALAH (Studi Putusan Pengadilan Agama Jombang Nomor 100/Pdt.P/2023/PA.Jbg)

Abstract

Marriage dispensation is a legal mechanism granted to prospective brides and grooms who have not met the minimum age limit for marriage as stipulated in laws and regulations. One of the reasons often used as the basis for submitting a marriage dispensation is pregnancy outside of marriage. This study aims to analyze the judge's considerations in granting a marriage dispensation request in the Jombang Religious Court Decision Number 100/Pdt.P/2023/PA.Jbg and examine its relevance to the concept of maslahah mursalah according to Imam Al-Ghazali. This study uses a normative legal research method (library research) with a case study approach and a statute approach. Primary data is in the form of the Jombang Religious Court Decision Number 100/Pdt.P/2023/PA.Jbg, while secondary data is obtained from laws and regulations, Islamic legal literature, and relevant previous research. The data collection technique is carried out through documentation studies, then analyzed descriptively and analytically using the maslahah mursalah theory. The results of the study indicate that the judge granted the marriage dispensation request due to urgent circumstances, such as the prospective bride's pregnancy, which was 7 months and 3 weeks old. The judge's considerations were based on efforts to prevent greater harm, particularly regarding the legal status of the child and the potential social impacts. Viewed from the perspective of maslahah mursalah, the decision reflects the goal of sharia in preserving offspring (hifẓ al-nasl). However, the application of the principle of maslahah is not yet fully comprehensive because it has not yet thoroughly considered the psychological, educational, health, and best interests of the child as mandated by Supreme Court Regulation Number 5 of 2019.