PENERAPAN KAIDAH AL-'IBRATU LI AL-MAQASIDI WA AL-MA'ANI DALAM MENENTUKAN YURIDIKSI SENGKETA HARTA BERSAMA, NAFKAH, DAN HIBAH KELUARGA

Abstract

The practice of forum shopping in family disputes is prevalent due to differing understandings of adjudicative authority between Religious Courts (PA) and General Courts (PU). Parties often alter the legal status of the dispute object—for instance, labeling joint property as a "gift" (hibah) or maintenance debt as an "ordinary loan"—to avoid PA jurisdiction or seek procedural advantages. This phenomenon contradicts the spirit of substantive justice championed by Supreme Court Circular Letter (SEMA) Number 1 of 2025. This article aims to analyze the application of the jurisprudential maxim al-'ibratu li al-maqashidi wa al-ma'ani (matters are judged by their objectives and meanings, not merely by their phrasing or ceremonies) in determining the jurisdiction of disputes over joint property, maintenance, and family gifts. The research employs normative legal research methods with conceptual and statutory approaches. The results indicate that the maxim of al-'ibratu serves as a revelatory doctrine (kashf al-haqiqah) to discern the substance of the dispute behind its formalities. In the context of joint property, if the transfer of rights involves a dispute over marital assets, jurisdiction lies with the PA, regardless of the "sale" or "gift" labels attached. In maintenance disputes, the objective of the transaction (maqasid) is fulfilling family livelihood needs, thus granting absolute authority to the PA. The application of this maxim reinforces the judge's role in rejecting the classification of disputes that do not align with the core issue, while simultaneously implementing the mandate of SEMA 1/2025 to prevent procedural injustice.