Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Vol 15, No 1 (2025): Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan

Marriage Dispensation Decisions at the Medan Religious Court from a Maqashid Sharia Perspective

Muhammadin Muhammadin (Universitas Islam Sumatera Utara)
Abu Bakar (Universitas Islam Sumatera Utara)
Jamaluddin Jamaluddin (Universitas Islam Sumatera Utara)



Article Info

Publish Date
09 Sep 2026

Abstract

This study aims to analyze judges’ considerations in deciding marriage dispensation cases at the Medan Religious Court and to assess their conformity with the principles of Maqashid Sharia. This study employs an empirical juridical method using normative juridical, empirical, and conceptual approaches. Data were collected through document analysis of marriage dispensation decisions, interviews with relevant parties, and a review of relevant laws and regulations, books, and scholarly journals. The data were analyzed qualitatively using content analysis based on the five fundamental objectives of Maqashid Sharia: the protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-'aql), lineage (hifz al-nasl), and property (hifz al-mal). The findings indicate that premarital pregnancy is the dominant factor underlying applications for marriage dispensation, followed by concerns about illicit sexual relations, social pressure, family economic conditions, low educational attainment, and inadequate parental supervision. Judges have considered juridical, social, psychological, and welfare-related aspects in deciding cases. However, the application of Maqashid Sharia tends to emphasize hifz al-din and hifz al-nasl, while the protection of life, intellect, and property has not yet received equal consideration. Therefore, a more holistic approach is needed to ensure that marriage dispensation promotes sustainable welfare and minimizes potential harm to children and families.

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Journal Info

Abbrev

tsh

Publisher

Subject

Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan, aims to promote scientific publications on Law, Education, and Society in its broadest sense covering textual, Historical, and Empirical. The journal contains original research articles based on literature and/or empirical research in the fields ...