DISPARITY OF JUDGES' DECISIONS IN DETERMINING INTERRELIGIOUS MARRIAGE APPLICATIONS IN THE MURSALAH MASLAHAH PERSPECTIVE

Abstract

The judge's freedom to determine applications for interfaith marriage permits can lead to differences in decisions or disparities. This paper tries to explain the analysis of maslahah mursalah in the disparity in determining interfaith marriage requests. This research is a normative legal research (library research) with a comparative approach method, namely by comparing two primary data sources in the form of a copy of Decision Number 916/Pdt.P/2022/PN.Sby and Decision Number 122/Pdt.P /2020/PN.Pti by comparing the decision through qualitative analysis. Based on the results of the study, it can be concluded that the disparity in the determination of applications for interfaith marriage permits in this study was due to the judge's consideration in examining documentary evidence. Based on the author's analysis, the benefits of interfaith marriages have not become a consideration for judges in granting requests for interfaith marriages.