Dispensasi Kawin Berbasis Kehamilan Tidak Diinginkan: Analisis Maqāṣid Al-Syarī‘Ah, Perlindungan Anak, dan Teori Hukum

Requests for marriage dispensations are often based on cases of unwanted pregnancy, which create a dilemma involving moral, social, and legal protection considerations. This study aims to analyze the practice of marriage dispensations based on unwanted pregnancy from the perspectives of maqāṣid al-syarī‘ah, child protection theory, and legal theory. The research method used is normative legal research employing legislative, conceptual, and case-based approaches. The results indicate that the practice of marriage dispensation based on UHP tends to focus on short-term problem-solving namely, avoiding social stigma yet risks neglecting the primary objectives of maqāṣid al-syarī‘ah, particularly in safeguarding life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and reason (ḥifẓ al-‘aql). From a child protection perspective, the granting of marriage dispensations has the potential to violate the principle of the best interests of the child, as stipulated in Law No. 35 of 2014 on Child Protection. Furthermore, there is a tension between legal certainty and substantive justice in the implementation of marriage dispensations in Indonesia. This study concludes that a reconstruction of the marriage dispensation policy is needed, one that is more oriented toward child protection and the substantive objectives of Islamic law, rather than merely legalizing emergency conditions.