ANALISIS YURIDIS TERHADAP DISPENSASI PERKAWINAN BERDASARKAN PENETAPAN HAKIM NO 412/PDT.P/2024/PA.SBS

Abstract

Most marriage dispensation requests are approved by judges when the reasons are deemed urgent. However, some requests are rejected, such as the one issued by the Sambas Religious Court in Decision No. 412/Pdt.P/2024/PA.Sbs. The author believes that the applicant's reason was sufficiently urgent, considering that Religious Courts also adhere to Islamic principles, where public benefit (maslahah) is prioritized over harm (mafsadah), known as the principle of maqashid syariah. This decision raises the main issue of whether the judge’s consideration in rejecting the dispensation aligns with the maqashid syariah principles and whether the marriage is legally valid. The purpose of this study is to analyze the judge’s reasoning in Decision No. 412/Pdt.P/2024/PA.Sbs in relation to the maqashid syariah and the legal validity of the marriage. The research uses normative legal methods with statutory, conceptual, and case approaches. The findings conclude that the judge’s reasoning did not align with the maqashid syariah principles. Consequently, the marriage is not valid under state law and is also not valid under Islamic law, as the couple had not previously married before applying for the dispensation.