Pertimbangan Hakim dalam Memberikan Putusan Dispensasi Nikah dalam Perspektif Maslahah (Studi Kasus Pengadilan Agama Jepara)

Abstract

In giving a marriage dispensation decision, the Judge of course uses a legal basis to serve as a basis and guide in making decisions between rejecting or granting a case submitted to the Religious Courts. This study aims to find out the causes of the many marriage dispensations in the Jepara Religious Court. the judge's considerations in giving a marriage dispensation decision at the Jepara Religious Court. the impact of granting a marriage dispensation at the Jepara Religious Court. the basis of the judge in giving a decision on the dispensation of marriage at the Jepara Religious Court is a maslahah perspective. The research method used in this thesis is a qualitative research method. The type of approach used in this research is field research. In data collection techniques using interviews, literature study, and observation. the validity of the data using extended observations and triangulation. Data analysis uses data reduction techniques, data presentation and conclusions or verification. The results of the study show that the case for dispensation from marriage at the Jepara Religious Court class 1A has increased every year. Among them are caused by promiscuity and the couple has been dating for a long time and they are very close together like a husband and wife, often staying overnight or spending the night together and accidents or pregnancy out of wedlock. It is possible that getting pregnant out of wedlock is commonplace in society. One of the reasons is the lack of love and affection from the family and controlling which causes a child to fall into promiscuity, namely adultery.