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All Journal The Indonesian Journal of Islamic Law and Civil Law
Muhammad Za'im Muhibbullah
Institut Agama Islam Nahdlatul Ulama Tuban
Religion Neuroscience

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Between Legal Certainty and Substantive Child Protection: Judicial Reasoning and Maqasid al-Shariah in a Pregnancy-Related Marriage Dispensation Refusal in Indonesia Muhammad Rizal Mufti Umam; Moch. Nur Cholis; Muhammad Za'im Muhibbullah
The Indonesian Journal of Islamic Law and Civil Law Vol 7 No 2 (2026): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/he9y1z41

Abstract

This article examines the reasoning of the Kediri Regency Religious Court in refusing a marriage-dispensation application involving a pregnant prospective bride, focusing on Decision No. 0107/Pdt.P/2018/PA.Kab.Kdr. The decision is analysed through the framework of maqasid al-shariah and contemporary child-protection principles. The study uses normative legal research supported by document analysis of the judgment and one contextual interview conducted on 29 May 2024 with Drs. Muridi, M.H., a court representative who was not a member of the original judicial panel. The judgment records that the prospective groom was 15 years and four months old, had no stable employment, and was considered insufficiently mature to assume marital responsibilities. It expressly states that the prospective bride’s six-month pregnancy was not a condition of marriage and therefore did not alter the court’s assessment. The article argues that the refusal can be understood as an exercise of protective judicial restraint, but its reasoning also raises questions about how pregnancy-related urgency, the prospective child’s interests, and the consequences of refusal should be addressed. Maqasid al-shariah is therefore used not as an automatic rule requiring approval or refusal, but as an evaluative framework integrating the protection of religion, life, lineage, and dignity. The article contributes a case-based model for assessing whether judicial reasoning connects legal rules with concrete child-centred considerations.
Co-Authors Moch. Nur Cholis Muhammad Rizal Mufti Umam