Pandangan Hakim Pengadilan Agama Terhadap Maṣlaḥah

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