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All Journal Islamic Law and Social Issues in Society Islamic Law and Social Issues in Society
Muhammadromli Samae, Syarif Bin
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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From Judicial Discretion to Maqasid al-Shari'ah Reasoning: The Case of Marriage Dispensation at the Muara Bulian Religious Court, Indonesia Kurniawan, Ardian; Muhammadromli Samae, Syarif Bin; Arbi, Hamida
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.11

Abstract

This article discusses the application of judicial discretion in marriage dispensation of Decision Number 106/PDT.P/2023/PA.MBL at the Muara Bulian Religious Court based on the perspective of maqāṣid al-sharīʻah. Amid increasing legislative efforts to protect children by raising the minimum marriage age, judicial discretion has become a determining factor in granting or rejecting marriage dispensation applications. Thus, this article aims to analyze how judges interpret and apply the concept of “urgent reasons” in cases involving a 14-year-old prospective bride, explore how judges incorporate principles of maqāṣid al-sharīʻah, particularly the balance between the preservation of lineage (ḥifẓ al-nasl) and the protection of life and intellect (ḥifẓ al-nafs and ḥifẓ al-ʻaql), in their legal considerations, and assess the gap between formal child protection standards and their practical implementation within the religious court system. By using a qualitative research approach with legal document analysis, this article finds that judicial discretion in this case involves an expansive interpretation of “urgent reasons” based on premarital sexual relations, a narrow focus on ḥifẓ al-nasl rather than a holistic assessment of the child's best interests, and significant discrepancies between formal protections and their practical application. These findings highlight a fundamental tension between a preventive approach toward premarital sexual relations and the long-term protection of children's rights within the framework of contemporary maqāṣid al-sharī'ah. This article contributes to a better understanding of the complexities of judicial discretion in child marriage cases and offers insights for improving legal reasoning standards to prioritize child protection in Indonesia.
From Judicial Discretion to Maqasid al-Shari'ah Reasoning: The Case of Marriage Dispensation at the Muara Bulian Religious Court, Indonesia Kurniawan, Ardian; Muhammadromli Samae, Syarif Bin; Arbi, Hamida
Islamic Law and Social Issues in Society Vol. 1 No. 1 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i1.11

Abstract

This article discusses the application of judicial discretion in marriage dispensation of Decision Number 106/PDT.P/2023/PA.MBL at the Muara Bulian Religious Court based on the perspective of maqāṣid al-sharīʻah. Amid increasing legislative efforts to protect children by raising the minimum marriage age, judicial discretion has become a determining factor in granting or rejecting marriage dispensation applications. Thus, this article aims to analyze how judges interpret and apply the concept of “urgent reasons” in cases involving a 14-year-old prospective bride, explore how judges incorporate principles of maqāṣid al-sharīʻah, particularly the balance between the preservation of lineage (ḥifẓ al-nasl) and the protection of life and intellect (ḥifẓ al-nafs and ḥifẓ al-ʻaql), in their legal considerations, and assess the gap between formal child protection standards and their practical implementation within the religious court system. By using a qualitative research approach with legal document analysis, this article finds that judicial discretion in this case involves an expansive interpretation of “urgent reasons” based on premarital sexual relations, a narrow focus on ḥifẓ al-nasl rather than a holistic assessment of the child's best interests, and significant discrepancies between formal protections and their practical application. These findings highlight a fundamental tension between a preventive approach toward premarital sexual relations and the long-term protection of children's rights within the framework of contemporary maqāṣid al-sharī'ah. This article contributes to a better understanding of the complexities of judicial discretion in child marriage cases and offers insights for improving legal reasoning standards to prioritize child protection in Indonesia.
Co-Authors Arbi, Hamida Kurniawan, Ardian