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All Journal Al-'Adalah al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Hendri. K
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice 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.
Living Waqf Beyond Formal Law: The Mattinja Tradition of Bugis Communities in Jambi’s Plural Legal Landscape Bahrul Ma'ani; Ardian Kurniawan; Hendri. K; Ilham Abdi Prawira; Rusli Abdul Roni
al-'adalah Vol 23 No 1 (2026): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v231.30936

Abstract

This study investigates the mattinja practice among the Bugis community in Tangkit, Jambi, as a form of Islamic philanthropy that develops within a context of legal pluralism. While waqf in Islamic law and Indonesian state regulations is typically associated with formal declaration procedures and administrative registration, community-based religious philanthropy often evolves through informal social mechanisms rooted in collective participation and local cultural values. The research analyzes the conceptualization of mattinja in relation to waqf and situates it within the broader frameworks of Islamic philanthropy and living law. Employing a socio-legal approach, the study integrates normative analysis of waqf doctrines with empirical field research in Tangkit, Jambi. Data were collected through field observations and semi-structured interviews with Bugis customary leaders, mosque administrators, religious figures, and community members involved in mattinja practices. The findings indicate that mattinja functions as a collective philanthropic mechanism shaped by Islamic values and Bugis cultural principles such as siri’ na pacce and sipakatau. Although mattinja lacks a formal waqf declaration (sīghah) and state registration, the Bugis community regards it as a long-term religious endowment dedicated to mosque development and communal religious infrastructure. Contributions are commonly interpreted as a form of sadaqah jāriyah, generating ongoing spiritual merit for donors. The article introduces the concept of “living waqf” to describe how waqf-related values operate through socially embedded philanthropic practices outside formal legal institutions within Indonesia’s plural legal landscape
Co-Authors Ana Ramadhona Ardian Kurniawan Bahrul Ma'ani Dedi Sumanto Ilham Abdi Prawira Kurniawan, Ardian Rusli Abdul Roni