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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
jamaluddin jamal jamaluddin
IAIN Bone
Law, Crime, Criminology & Criminal Justice

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The Pattern of Settlement of Marriage Dispensation Cases Based on the Maslahah Perspective jamaluddin jamal jamaluddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4572

Abstract

This research aims to analyze the use of the maslahah murres method as a pattern for resolving marriage dispensation cases so that Sharia laws can resolve themSharia laws can determine them. This qualitative research is based on interview data, and the researcher plays an active role so that the research results can answer the problem formulation. The data sources in this research use primary data and secondary data. The source of informants in this research is that the government believes that the head of the Bone Regency religious affairs office, the Judge of the Bone Regency Religious Court and several experts have sufficient knowledge of the concept of maslahah. The research results show that the judge's consideration is the most critical aspect in determining a decision that contains legal certainty, justice, and benefits for the parties concerned. Meanwhile, judging from the Maslahah Murlah, the granting of marriage dispensation is by the aim and purpose, namely to provide benefits to the prospective husband and wife and to keep them away from adultery, which is prohibited by religion
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