Dispensation of Pre-Marital Pregnancy Marriage in Parigi Religious Court
Abstract
This study discusses the form and factors of implementing the dispensation
of premarital pregnancy at the Parigi Religious Court according to Law
Number 16 of 2019 and a review of the maqashid shari'ah. The type of
research used in this study is qualitative research (field) with a case study
approach. The data used in the study are primary and secondary data. Data
collection techniques are observation, interviews, and documentation. The
results of this study indicate that the form and factors of the
implementation of the dispensation of premarital pregnancy at the Parigi
Religious Court according to Law Number 16 of 201219 are that every year,
the Parigi Religious Court decides and resolves cases of marriage
dispensation applications with an average percentage of 93% of
prospective brides who are already pregnant outside of marriage have been
granted by the judge. The factors for the judge to grant the dispensation of
premarital pregnancy at the Parigi Religious Court are formal legal
considerations, Supreme Court Regulations Number 5 of 2019 concerning
Guidelines for Adjudicating Applications for Marriage Dispensation, as
well as material legal considerations, marriage law, ushul fiqh
principles, maslahah mursalah, and social justice. The review of maqasid
sharia on the form and factors of implementing the dispensation of
premarital pregnancy according to Law Number 16 of 2019 is that it does
not conflict with Islamic law; in fact, the policy is in line with the objectives
of Islamic law (maqasid shari'ah). For now, the author agrees with the
consideration of granting the dispensation of premarital pregnancy. Still,
the role of maqasid shari'ah only contributes a little, namely considerations
related to protecting offspring (hifz al nasal).