ANALISIS PERCERAIAN FAST TRACK DI MAHKAMAH RENDAH SYARIAH DAERAH TIMUR LAUT PULAU PINANG DALAM PERSPEKTIF MASLAHAH MURSALAH

Abstract

This research analyzes the Fast Track divorce procedure at the Syariah Lower Court of the Northeast District, Penang, from the perspective of Imam Al-Ghazali's Maslahah Mursalah. The main problem addressed is the complexity and prolonged duration of conventional divorce processes, which often lead to psychological distress and case backlogs in courts. In response, the Fast Track system was introduced as a judicial innovation to expedite mutually agreed-upon divorces, reducing settlement times from 90 days to under 6 hours. This study positions itself by evaluating this contemporary legal practice through a classical Islamic legal framework, contributing to the discourse on judicial reform within Sharia law. The research employs an empirical legal method with a normative conceptual approach, utilizing data gathered from interviews with court officials, observation, and documentation. The primary finding is that the Fast Track mechanism is an effective and legally sound application of existing law that aligns with the principles of Maslahah Mursalah. It demonstrably achieves benefits at all three levels: darūriyyāt (protecting mind, lineage, and property), ḥājiyyāt (eliminating procedural hardship), and taḥsīniyyāt (promoting a dignified process), thus validating it as an efficient and just judicial breakthrough in Islamic law.

Keywords: Fast Track Divorce, Maslahah Mursalah, Syariah Courts, Court Mechanisms, Islamic Family Law.