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All Journal Mutawasith: Jurnal Hukum Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Nina Chairina
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pertimbangan Hakim dalam Pemberian Izin Dispensasi Kawin Di Bawah Umur di Pengadilan Agama Pandeglang Nina Chairina; Sultan Isnansyah Fazri; Shinta, Shinta
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 1 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i1.1144

Abstract

This study investigates and answers questions about the reasons why the Pandeglang Religious Court grants underage marriage dispensation, as well as the positive and negative aspects of this regulation. The type of empirical legal research that is descriptive in nature is included in this study. Primary and secondary data are the main data of this study. Secondary data serves as a support for primary data. Data were collected through interviews and literature studies. Then, qualitative analysis and literature studies were used. Qualitative analysis is a method used by the author to see and study data stated by respondents verbally or in writing as well as their behavior directly. The purpose of this study was to determine the procedures, factors, and decisions of judges in handling applications for Marriage Dispensation. The results of this study are that the Procedure for submitting Marriage Dispensation at the Pandeglang Religious Court has been regulated in Perma no. 5 of 2019 systematically, the regulation was formed for the process of adjudicating Applications for Dispensation. In addition, several factors that cause the occurrence of Marriage Dispensation applications in Pandeglang The most important factor is the Religious Factor.
FATWĀ IN CONTEMPORARY ISLAMIC JUDICIARY: THE ACCOMMODATION OF MUI FATWĀ AMONG JUDGES OF INDONESIAN RELIGIOUS COURT Abdullah Jarir; Nina Chairina; Masduki; Abdul Rahim Hakimi
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.art9

Abstract

Purpose – This study focuses on the extent to which the application of MUI ( Council of Indonesian Ulama) fatwā in the Indonesian Religious Court, particularly in the context of Islamic family law. This issue has led to discursive debates between Indonesian ʿUlamāʾ and some scholars.  Some argue that fatwā is not binding because it is not a legal source and there is no fatwā in the hierarchy of Indonesia’s legal system. However, MUI fatwās have been used as a legal basis for decisions related to Islamic family law in the Indonesian Religious Court. Method - This research uses sociological jurisprudence as a method for inquiry. This method is based on normative legal research. However, it does not discuss the legal system or regulation; nevertheless, it observes the reactions and interactions that occur in society when the regulation is enforced.  Findings – This study concluded that although MUI fatwā is not binding in the Indonesian Legal system, the judges of the Indonesian Religious Court have considered the MUI fatwā as a legal basis in rendering decisions relating to Islamic family law. In other words, the fatwās issued by the Majelis Ulama, which have been used as a legal basis by judges in the Religious Courts for several cases related to Islamic family law in Indonesia, will shift. The issues mentioned deal with the legal status of children out of wedlock, child adoption, interfaith marriage, and Ahmadiyah followers. Research contribution – This study reveals the role of MUI fatwas as a non-formal source of legal legitimacy that, while not legally binding, continues to influence judicial practices in Indonesian Religious Courts concerning Islamic family law. Originality/value – The value of this research rests in its ability to demonstrate the dynamic interaction between religious authority and the positive legal system, thereby opening a broader discourse on the integration of fatwas into national legal practice.
Co-Authors Abdul Rahim Hakimi Abdullah Jarir Masduki Shinta Shinta Sultan Isnansyah Fazri