RELEVANSI PENDEKATAN MASLAHAH DALAM PENETAPAN PUTUSAN PENGADILAN AGAMA

Abstract

This article examines the relevance of the maṣlaḥah approach in the practice of Islamic family law within Indonesia’s religious courts as a contextual ijtihād instrument in Islamic legal reasoning. Faced with increasingly complex contemporary family issues such as interfaith inheritance, child custody, marriage dispensation, and financial maintenance the classical normative approach is often insufficient. The maṣlaḥah principle emerges as a critical foundation for legal decisions that prioritize benefit (maṣlaḥah), substantive justice, and social necessity. This study employs a normative legal method with conceptual and juridical-practical approaches. Data is drawn from the analysis of religious court decisions and classical to contemporary literature on maqāṣid al-sharīʿah. The findings reveal that while maṣlaḥah is applied in various rulings, its use remains sporadic and lacks standardized methodology. Institutional guidelines and capacity building for judges are needed to ensure that the maṣlaḥah approach is applied consistently and accountably within the framework of Indonesia’s legal system.