Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

The Pattern of Settlement of Marriage Dispensation Cases Based on the Maslahah Perspective

jamaluddin jamal jamaluddin (IAIN Bone)



Article Info

Publish Date
10 Dec 2024

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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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...