Dispensasi Nikah Anak Di Bawah Umur Perspektif Maq??id Syar??ah (Studi Kasus Di Pengadilan Agama Magetan)

Abstract

The purpose of this study is to determine the factors considered by judges in granting marriage dispensation for minors and also the views of Maq??id Syar??ah on marriage dispensation for minors. The author uses empirical legal research with a qualitative field research approach. The analysis results from this study indicate that judges' considerations related to the determination of marriage dispensation contain legal certainty, justice, and benefits for interested parties. With ijtihad Maq??id Syar??ah, namely the benefits and benefits of law relating to the world and the hereafter including maintaining religion (?if? al-d?n), maintaining the soul (?if? adl-nafs), maintaining the mind (?if? al-aql), maintaining offspring (?if? al-na?l), maintaining wealth (?if? al-m?l) and by prioritizing dar'ul maq??id eliminating madharat, dar'ul maf??id muq?damun 'ala jalbil ma?halih takes precedence over taking benefits, giving marriage dispensation is in accordance with the aim and purpose, namely to provide benefits to the prospective husband and wife and avoid what is prohibited by religion.