Pandangan Hakim Pengadilan Agama Terhadap Maṣlaḥah

Studi Produk Hukum Penetapan Dispensasi Nikah dan Putusan Poligami di Jawa Tengah

Abstract

Marriage and polygamy dispensation is a regulation contained in
Law No. 1 of 1974 concerning Marriage. In practice, the judges have
several considerations, including the consideration of maṣlahah. This
research will discuss about how the judges of the Religious Courts in the
Central Java region understood maṣlaḥah and its implementation in
marriage dispensation and polygamy cases. This is a descriptive-analytic
field research. Data collection using interview techniques. The data
obtained is then analyzed inductively with a normative juridical
approach. The results of this study are that the perception and
implementation of judges regarding maṣlaḥah in the case of marriage
and polygamy dispensations are not in accordance with the provisions of
the ma teorilaḥah theory compiled by the ulama of fiqh proposal