IMPLEMENTASI ASAS KEPENTINGAN TERBAIK BAGI ANAK DAN MASLAHAH MURSALAH DALAM PERMOHONAN PERKARA DISPENSASI KAWIN (STUDI KASUS DI PENGADILAN AGAMA PELAIHARI KELAS 1B)

Abstract

This study aims to analyze the implementation of the best interest of the child principle and the concept of maslahah mursalah in judges’ considerations regarding marriage dispensation cases at the Pelaihari Class 1B Religious Court. The research method used is normative juridical with a statutory and case study approach. Data were collected through document studies, interviews, and analysis of court rulings. The results show that judges, in granting marriage dispensations, consider child protection principles based on Supreme Court Regulation No. 5 of 2019, Law No. 16 of 2019, and the Islamic legal concept of public benefit (maslahah mursalah). However, the application of these principles remains inconsistent due to social, cultural, and economic influences. It is therefore essential to harmonize positive law and Islamic legal values to ensure that every dispensation genuinely serves the best interest of the child.

Keywords: Marriage dispensation, Best interest of the child,Maslahah mursalah, religious court, child protection.