Judges' Considerations in Agreeing to Marriage Dispensation Maqāșid Syarī'ah Perspective

Abstract

In the case of the marriage age limit stated in Law Number 1 of 1974 which has been amended by Law Number 16 of 2019, where the marriage age limit was changed to 19 years for men and women. The minimum age requirement for marriage has been widely applied for dispensation at the Sukadana Religious Court due to increases in applications every year. The rise in the number of requests for dispensation is largely due to pregnancies outside of marriage. In granting or adjudicating a marriage dispensation case, the judge considers several provisions based on legislation and Islamic Compilation Law (KHI) in terms of maqāṣid syarī'ah. The aim of granting a marriage dispensation is to provide benefits for the applicants. This type of research is qualitative. Data collection were done by conducting field research interviews with descriptive analysis. Data sources used were primary and secondary. In terms of results, the judge considers the application for marriage dispensation based on Law Number 7 of 1989 concerning Religious Courts, which was amended by Law Number 3 of 2006. Law Number 1 of 1974 which has been changed to Law Number 16 of 2019 Concerning Age Change, PERMA Number 5 of 2019 Concerning Guidelines for Adjudicating Marriage Dispensation Applications, and Compilation of Islamic Law (KHI) in granting marriage dispensation from a maqāṣid syarī'ah perspective, prioritizing benefits and avoiding harm that will be caused if the application for marriage dispensation is granted or not and reviewed from maqāṣid syarī'ah. The judge's consideration in granting the marriage dispensation is appropriate and includes elements of maqāṣid syarī'ah.
 Keywords: judge's considerations, dispensation of marriage, Maqāṣid Syarī'ah