ANALISIS NILAI MASHLAHAH MURSALAH MASA 6 BULAN PADA SEMA NO. 1 TAHUN 2022 SEBAGAI SYARAT DIKABULKANNYA PERCERAIAN

Abstract

This article analyzes the value of mashlahah mursalah in the provision of a 6-month waiting period in the Supreme Court Circular Letter (SEMA) No. 1 of 2022 as a condition for granting divorce. Mashlahah mursalah is a concept in Islamic law that focuses on general welfare, which does not have a specific basis in the texts (nash) but remains relevant to achieving the objectives of sharia. SEMA No. 1 of 2022 stipulates that a divorce petition can only be granted after a 6-month period from the first filing, aiming to provide time for the couple to reconsider their decision and seek alternative solutions. This research uses a qualitative method with a descriptive-analytical approach. Data is obtained through library research, which includes the analysis of legal documents, Islamic legal literature, and previous studies related to divorce and mashlahah mursalah. The data is then analyzed to identify and evaluate the welfare values contained in the 6-month waiting period provision. The analysis results show that the 6-month waiting period provision contains significant mashlahah values in protecting the psychological well-being of the couple, reducing the negative impact of divorce on children, enhancing social stability, and ensuring a fair legal process. However, this article also highlights the challenges and criticisms of this policy, including the potential for unnecessary delays and less flexible application in certain cases. The conclusion of this analysis affirms that the wise and fair application of the 6-month waiting period provision can support the objectives of sharia in creating welfare for all parties involved in the divorce process.