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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Journal of Mathematics Instruction, Social Research and Opinion
Jumrotunisak Jumrotunisak
Universitas Islam Negeri Palangka Raya
Humanities Education Languange, Linguistic, Communication & Media 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.
Revelation as an Epistemic Basis: An Examination of Authenticity and Its Implications for the Reconstruction of Modern Islamic Education Jumrotunisak Jumrotunisak; Hamdanah Hamdanah; Mazrur Mazrur
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 20, No. 4 : Al Qalam (In Progress July 2026)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v20i4.6627

Abstract

The world of Islamic education today faces the problem of dualism in knowledge, namely between religious knowledge and modern knowledge, which results in the learning process lacking a complete epistemological foundation. This study emphasizes a single, solid foundation, namely revelation as an epistemological basis capable of collaborating the two. This study focuses on highlighting the authenticity of revelatory texts and their implications for the renewal of modern Islamic education through a literature study using descriptive-analytical methods. The results show that the authenticity of revelation provides a strong foundation and guidance on values and methods for building a more comprehensive and relevant Islamic education. The integration of revelation with modern disciplines encourages the emergence of an educational paradigm oriented towards character, rationality, and technological advancement without abandoning spiritual values. This study confirms that revelation can be a strong foundation in designing an adaptive, superior, and responsive Islamic education system to the challenges of modern civilization, with the hope of producing Muslim scientists who are moral, have integrity, and are able to respond to global challenges.
Co-Authors Hamdanah Hamdanah Khairil Anwar Mazrur Mazrur Mowafg Abrahem Masuwd