Horizon: Indonesian Journal of Multidisciplinary
Vol. 4 No. 3 (2026): HORIZON: Indonesian Journal of Multidisciplinary

Rekonstruksi Pertimbangan Maslahat dalam Pemberian Dispensasi Nikah untuk Meminimalkan Potensi Perceraian

Nursyamsi Ichsan (Universitas Mega Buana Palopo)



Article Info

Publish Date
25 May 2026

Abstract

Marriage dispensation in Indonesia has shown a significant increase and is often used as a legal solution to urgent social problems, such as out-of-wedlock pregnancy. This study aims to analyze maslahah (public interest) considerations in granting marriage dispensations and to reconstruct legal reasoning toward long-term welfare. This research employs a normative legal method with statutory, conceptual, and case approaches, using legal materials obtained through library research. Data analysis is conducted qualitatively through systematic and evaluative interpretation of legal norms. The findings indicate that marriage dispensations are often granted based on pragmatic considerations without adequately assessing the psychological, social, and economic readiness of prospective spouses. As a result, such marriages are prone to instability and may end in divorce. Therefore, it is necessary to reconstruct maslahah-based considerations by integrating maqasid al-shariah principles into judicial reasoning. The implications highlight the need for a paradigm shift in granting marriage dispensations, from a pragmatic approach toward one grounded in long-term welfare. This study recommends strengthening judicial guidelines through multidisciplinary considerations, particularly psychological and social aspects, to ensure decisions support long-term family stability and reduce the risk of divorce.

Copyrights © 2026






Journal Info

Abbrev

hijm

Publisher

Subject

Agriculture, Biological Sciences & Forestry Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

Description

Horizon: Indonesian Journal of Multidisciplinary (HIJM) journal aims to stimulate discussions at all levels of mathematics education through disseminating significant and innovative scholarly studies that are of value to the international research communities. The journal welcomes articles focusing ...