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All Journal Hakamain: Journal of Sharia and Law Studies
Zahrotul Habibah
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Law, Crime, Criminology & Criminal Justice

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The Judge's Consideration of the Phrase Urgent Reasons in Marriage Dispensation Cases : A Legal Realism Perspective Ilma Maulana Ahmad; Muhammad Alvin Saputra; Zahrotul Habibah
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1522

Abstract

This study examines the increasing number of marriage dispensation cases following the amendment of the minimum marriage age through Law No. 16 of 2019, which reveals a gap between regulatory objectives and social realities. The purpose of this research is to analyze judicial interpretations of the phrase “very urgent reasons” and to identify the social and moral considerations influencing judges’ decisions in marriage dispensation cases. This study employs a qualitative method using a juridical-normative approach, conducted as library-based research. Legal materials were collected from legislation, court decisions, academic literature, and relevant legal documents, and were analyzed descriptively and analytically. The findings indicate that judges possess broad discretionary authority in interpreting “very urgent reasons,” resulting in inconsistent applications due to the absence of clear normative parameters. Judicial reasoning is not limited to formal legal provisions but is strongly influenced by social conditions and moral considerations, particularly the aim of preventing greater harm to the parties involved. This demonstrates that legal practice in religious courts operates as a living law shaped by societal realities. The implications of this research highlight the need for clearer regulatory guidelines to ensure uniform judicial considerations that prioritize child protection and the prevention of early marriage. The contribution of this study lies in offering an analytical framework that explains judicial discretion in marriage dispensation cases. The originality of this research is found in applying an interpretive perspective to reveal the dynamics of legal reasoning within religious courts
Jurisprudential Implications for the Right of Mut'ah in Divorce at the Wife's Initiative Zahrotul Habibah; M. Su'udi Ali; Ilma Maulana Ahmad
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1529

Abstract

This research aims to examine the role of jurisprudence in fulfilling the right to mut’ah in divorce cases initiated by the wife, particularly in the context of family law reform. The issue is significant because the obligation to provide mut’ah has traditionally been subjectively limited to divorces initiated by the husband, creating normative constraints for wives who file for divorce. This study employs a juridical-normative research design, using legislative and case approaches to analyze court decisions and legal norms governing mut’ah. The findings demonstrate that jurisprudence plays a strategic role as a legal precedent, a mechanism for filling normative gaps, and a driver of progressive interpretation in family law. The analysis reveals that mut’ah rights may still be granted in wife-initiated divorces when the wife is proven not to be in a state of nusyuz. Furthermore, the study identifies two practical strategies used by wives to obtain mut’ah before the Religious Court, namely by explicitly claiming it in the petitum and through mutual agreement achieved in mediation proceedings. The research contributes to strengthening normative access to mut’ah rights and provides
A Philosophical Review Of Islamic Law of the Dynamics and Relevance of Idah for Career Women Khotibul Umami; Zahrotul Habibah; Deny Marita Wijayanti; Rizky Ardiyanto
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1686

Abstract

This paper examines the dynamics of Islamic law following the rise of the gender equality movement, such as women’s participation in the public sphere, and the dynamics of the sophisticated medical technology that impact the substance of idah. This paper aims to examine the relevance of idah and its implementation mechanism for career woman. This article was compiled using qualitative methods with an Islamic legal philosophy approach. Primary data sources were drawn from Islamic legal sources. Secondary data were obtained from accredited journal literature. The results indicate that the philosophical meaning of idah is divided into three aspects: ontological, epistemological, and axiological. From these three aspects, it was found that idah remains relevant for career woman because the ontological waiting period has implications for psychological recovery. Thus epistemologically, the obligation of idah aims to protect biological and sociological aspects. Therefore, idah, axiologically, means the command to maintain biological values, protect the psyche, and maintain sociological relationships. The findings in this paper explain that the implementation of idah for career women cannot shift the fundamental meaning but can adapt iyts instrumental value based on urgency.
Co-Authors Deny Marita Wijayanti Ilma Maulana Ahmad Khotibul Umami M. Su'udi Ali Muhammad Alvin Saputra Rizky Ardiyanto