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All Journal al-Mawarid Jurnal Syariah dan Hukum (JSYH) Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Dedi Sumanto
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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JUDICIAL DISPARITIES IN LEGAL INTERPRETATION: THE APPLICATION OF PROGRESSIVE LAW IN MARRIAGE DISPENSATION RULINGS Kurniawan, Ardian; Dedi Sumanto; Ana Ramadhona; Hendri. K
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art1

Abstract

Purpose: This study aims to analyze the disparity in judicial interpretations and the application of legal progressivism in marriage dispensation decisions at the Muara Bulian Religious Court. This study seeks to explore how judges construct legal reasoning when faced with applications for underage marriage dispensation and whether their decisions reflect consistency or divergence in applying child protection principles. Methods - This study employs a socio-legal approach with qualitative methods. Data were obtained from case decisions, field observations, and interviews with judges at the Muara Bulian Religious Court. The data were analyzed thematically to identify patterns of judicial interpretation and the extent of progressivism in the rulings’ content. Findings - The results reveal a disparity in judges’ interpretations, particularly regarding the use of progressive legal reasoning. Some judges strictly adhere to statutory provisions, while others accommodate sociocultural considerations and parental requests, resulting in inconsistent outcomes. Although progressive legal theory provides opportunities for child protection, in practice, dispensations are often granted, thereby reinforcing early marriage practices instead of preventing them. Contribution/Limitation of Research: This study contributes to the discourse on judicial discretion and progressive legal thought in the context of family law adjudication. However, it is limited to the Muara Bulian Religious Court; thus, its findings cannot be generalized to all religious courts in Indonesia. Originality/Value - This study highlights the tension between statutory child protection norms and judicial discretion in marriage dispensation cases. It offers a critical socio-legal perspective on how progressivism is interpreted and practiced at the local courts.
Reconstructing Gender Equality in Islamic Law From a Human Rights Perspective M. Wildan Murtadho Al Idrus; Dedy Syahputra; Yusrizal Amri; Robinhot Siagian; Dedi Sumanto
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 5 No. 3 Agustus 2026: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v5i3.1395

Abstract

This study aims to analyze the concept of gender equality within the framework of Islamic law and its relation to Human Rights. The issue of gender equality has become a significant debate due to the differences between normative values in Islamic teachings and their implementation in various Muslim countries. This research employs a normative juridical method with conceptual, statutory, and comparative approaches. The data sources consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The results indicate that, normatively, Islamic law upholds the principles of justice (al-‘adl), equality (al-musawah), and public interest (maslahah), which are in line with human rights values. However, in practice, there are still gaps caused by textual interpretations, patriarchal cultural influences, and state policies that are not yet fully responsive to gender issues. Comparative studies in several Muslim countries reveal variations in the implementation of gender equality, where more contextual and progressive approaches tend to produce more inclusive policies. The maqashid sharia approach can serve as a solution in bridging Islamic law and human rights through adaptive reinterpretation in accordance with contemporary developments. Therefore, gender equality can be realized through the comprehensive and just integration of Islamic values and human rights.
Co-Authors Ana Ramadhona Dedy Syahputra Hendri. K Kurniawan, Ardian M. Wildan Murtadho Al Idrus Robinhot Siagian Yusrizal Amri