PERTIMBANGAN HAKIM DALAM PENOLAKAN ISBAT NIKAH PERSPEKTIF MASLAHAH MENURUT AL-SYATHIBI

Abstrak

Nikah is a legal effort to validate a marriage that has been conducted according to Islamic law but has not been officially registered with the authorized institution. However, not all applications for isbat nikah can be granted, especially when the parties are still legally married to other spouses, as this condition contradicts both Indonesian marriage law and Islamic law. The rejection of the isbat nikah application in Decision Number 832/Pdt.P/PA.Kab.Kediri is interesting to examine because the judges considered not only positive legal aspects but also the values of maslahat (public benefit) in Islamic law.The purpose of this study is to determine the judges’ legal considerations in rejecting the application for Isbat nikah in Decision Number 832/Pdt.P/PA.Kab.Kediri and to analyze those considerations from the perspective of maslahat according to Al Syatibi. This research is a normative legal study using statutory, conceptual, and case approaches. The primary legal materials consist of Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, Al-Syatibi theory of maslahah, and Decision Number832/Pdt P/PA Kab Kediri, Secondary legal materials were obtained from books, journals, and scholarly works related to isbat nikah and the concept of maslahah Data collection techniques were carried out through library research and analyzed using descriptive qualitative methods with a normative-prescriptive approach The results of the study indicate that the rejection of the isbat nikah application in Decision Number 832/Pdt.P/PA. Kab Kediri was based on the fact that the applicants were still legally married to their respective spouses when the unregistered marriage was conducted. The panel of judges considered the marriage to be contrary to both Islamic law and positive law because it did not fulfill the legal requirements of a valid marriage. From the perspective of maslahah according to Al-Shatibi, the judges' considerations reflect an effort to preserve public welfare at the daruriyyah level, particularly hifz al-nasl (the protection of lineage), and to prevent harm arising from uncertainty regarding marital status and lineag. Based on the results of the study, it can be concluded that the judges’ considerations in rejecting the Isbat nikah application in Decision Number 832/Pdt.P/PA.Kab.Kediri are in accordance with the principle of maslahah according to Al Syatibi, as they prioritize the protection of public benefit and the prevention of harm in society.