PUTUSAN HAKIM TUNGGAL TENTANG DISPENSASI NIKAH DITINJAU DALAM HIFZ al-NASL MENURUT JASSER AUDA (Studi Kasus Pengadilan Agama Kota Malang Nomor 0344/Pdt.P/2022/PA.Mlg)

In this study, the researchers investigated the judgment of a single judge on the Dispensation of Marriage Revised in Hifz al-Nasl according to Jasser Auda (Case Study of the Religious Court of the Poor City No. 0344/Pdt.P/2022/PA.Mlg). This research is based on the academic survey of the number of marriage dispensation applications filed with the Religious Court of the Poor City. In 2018 an average increase of 87 requests, in 2019 an average rise of 183 applications, in 2020 an average of 259 requests increased, in 2021 an average increased of 261 applications, and in 2022 an average decrease of 199 applications. The results of this study are: 1) The judgment of the religious district court No. 0344/Pdt.P/2022/PA.Mlg, on the dispensation of marriage The single judge considered because the petitioners petitioned the sole judge to allow the child of the applicant to marry his partner who has been dating for 6 months because the children of the claimants have often gone together without the knowledge of the parents. As a result, if they do not marry soon, they will be increasingly violating the law, conventions, and Islamic sharia, which will harm themselves and society. To avoid losses and unwanted consequences, the single judge granted the applicants' marital dispensation. 2) Analysis of Hifz al-Nasl Jasser Auda on contemporary sharia maqashid used to analyze case number 0344/Pdt.P/2022/PA.Mlg about the dispensation of marriage. As explained by Jasser Auda, the approach to the theory of system characteristics in the theories of Islamic law encompasses cognitive nature, holeness, openness, interrelated hierarchy, multidimensionality, and integrity (purposefulness).