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All Journal Nusantara: Journal Of Law Studies Suluah Pasaman
Nurjanah Nurjanah
Universitas Negeri Padang, Indonesia
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Contested Puberty: Judicial Discretion, Moral Regulation, and the Persistence of Child Marriage in Indonesia Y Sonafist; Azhar; Syukrawati; Nurjanah Nurjanah; Wail Abouabaid
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.278

Abstract

The 2019 revision of Indonesia's Marriage Law raised the minimum marriage age to 19, yet produced a striking paradox: rather than reducing child marriage, it precipitated a sharp increase in marriage dispensation applications in religious courts. This article argues that the reform displaced the site of legitimation for child marriage—shifting authorization from administrative registration to judicial approval through dispensation mechanisms—revealing not merely a failure of legal implementation, but a deeper process through which the state and judiciary actively reproduce the legal boundaries of adulthood and child protection. Drawing on a socio-legal framework, this study employs critical discourse analysis of two complementary sites: the normative constructions embedded in the Marriage Law—particularly the ambiguous phrase "urgent reasons"—and the judicial reasoning inscribed in religious court dispensation decisions. An empirical examination of trends in national post-reform dispensation supplements this dual-object analysis. Together, these methods trace a discursive struggle between two competing normative orders: state-led discourses of child protection and gender equality on one side, and moral-religious discourses mobilized by judges in interpreting puberty, social readiness, and family honor on the other. The findings reveal that broad judicial discretion functions as an institutional mechanism through which child marriage continues to obtain legal legitimacy despite the formally elevated minimum age, which this article terms the "judicial backdoor." Judges routinely authorize dispensations by invoking moral-religious considerations such as pregnancy, the imperative to prevent zina, and avoidance of social stigma, thereby subordinating child rights protections to communal moral norms. Without standardized criteria for "compelling grounds" and a child rights-based evaluative framework, legal reform risks functioning as a symbolic gesture that leaves the patriarchal structures underpinning child marriage substantively intact. This article contributes to broader debates on legal pluralism, judicial discretion, and the challenges of implementing gender-sensitive reform in socio-religious contexts.
Climate Justice in Maqashid Shariah, Contemporary Fiqh and Common Responsibility Principle Nurjanah Nurjanah; Hifdhotul Munawaroh
Suluah Pasaman Vol 3 No 2 (2025): October
Publisher : Sekolah Tinggi Agama Islam YDI Lubuk Sikaping

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70588/suluahpasaman.v3i2.1023

Abstract

Climate change is one of the most urgent global challenges, raising fundamental questions about justice, responsibility, and moral obligation. This study examines climate justice through two intersecting frameworks: the principle of Common but Differentiated Responsibilities in international law and the values of maqashid al-shariah and contemporary fiqh in Islamic jurisprudence. Using a normative-doctrinal method with comparative and conceptual approaches, the research analyzes international instruments such as the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement alongside classical and modern Islamic legal thought. The findings show that while the principle of differentiated responsibilities provides a sound normative basis, its implementation remains weak due to geopolitical imbalances and the absence of binding enforcement mechanisms. In contrast, maqashid al-shariah—particularly the protection of life, lineage, wealth, intellect, and religion—offers a comprehensive moral-spiritual framework that reinforces differentiated responsibilities. Both frameworks converge on principles of capacity-based responsibility, intergenerational justice, the no-harm rule, and global solidarity. The study proposes a Maqashid-Based Integrative Climate Justice Model consisting of three pillars: value-grounded differentiated responsibility, expanded subjects of responsibility beyond states, and an equitable mechanism for loss and damage, contributing to stronger international climate governance.
Co-Authors Azhar Hifdhotul Munawaroh Syukrawati Wail Abouabaid Y Sonafist