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All Journal Journal of Mathematics Instruction, Social Research and Opinion Jurnal Kajian Hukum dan Sosial
Mowafg Abrahem Masuwd
University of Zawia
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Disparities in Marriage Dispensation Due to Pregnancy: Analysis of Vage Women Norm and Maṣlaḥah Mursalah Jumrotunisak Jumrotunisak; Khairil Anwar; Mowafg Abrahem Masuwd
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 1 (2026): March
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i1.1235

Abstract

This study examines the disparity in marriage dispensation decisions in cases of pregnancy outside marriage at the Pangkalan Bun Religious Court. The research examines the ambiguity of the phrase “very urgent reasons” in Indonesian marriage law, which affords broad judicial discretion and may lead to inconsistent decisions. The objective of this study is to analyze how judges interpret and apply this provision in deciding marriage dispensation cases involving pregnancy. This research employs a qualitative normative approach by analyzing 32 court decisions issued by the Pangkalan Bun Religious Court, complemented by interviews with judges. The data were analyzed using thematic coding to identify recurring patterns in judicial reasoning. The findings reveal two dominant orientations in judicial considerations. The first orientation emphasizes protecting the unborn child's lineage and legal status, which often leads to approval of dispensation requests. The second orientation focuses on long-term child protection, considering factors such as psychological maturity, economic readiness, and the sustainability of future family life, resulting in the rejection of some petitions despite pregnancy. The disparity in decisions reflects the open-ended nature of the legal norm and demonstrates the dynamics of judicial ijtihad in balancing legal certainty and public interest. This study recommends the development of clearer interpretative parameters to promote consistency while ensuring stronger child protection in marriage dispensation practices.
Syariat in Action: Assessing the Impact of Jinayat Law on Social Order in Aceh Bastiar Bastiar; Bukhari Bukhari; Anwar Anwar; Iswandi Iswandi; Mowafg Abrahem Masuwd
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.9913

Abstract

This research aims to examine in depth how the application of Qanun Jinayat in Aceh affects the dynamics of social order in the community. With a qualitative approach based on case studies, this study explores the perceptions of various community groups including religious leaders, law enforcement officials, and vulnerable groups to understand the effectiveness, challenges, and social impacts of the implementation of sharia-based law. Data was collected through in-depth interviews, field observations, and focus group discussions in four strategic areas of Aceh, and then analyzed thematically with the help of ATLAS.ti software. The results of the study show that although the jinayat law contributes to a reduction in moral offenses such as gambling and alcohol consumption, its implementation is not uniform and still faces various obstacles, both technical, social, and legal. Concerns about discriminatory treatment of women and minority groups are also a major concern. Therefore, it is recommended that there be harmonization between qanun and national law and the strengthening of protection for vulnerable groups, so that the application of this law can take place fairly and inclusive in order to maintain social stability in Aceh.
Co-Authors Anwar Anwar Bastiar Bastiar Budiningsih, Iffah Bukhari Bukhari ELIHAMI, ELIHAMI Ismail Iswandi Iswandi Jumrotunisak Jumrotunisak Khairil Anwar M. Yunus Sudirman Marliza Oktapiani Sheerly Sheerly Syawal Sitonda Widio Rijanto