International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Vol. 5 No. 6 (2025): November

CRITICAL ANALYSIS OF RELIGIOUS REASON AND POSITIVE LAW IN MARRIAGE DISPENSATION DECISION

Ridwan Fariz Maulana (Unknown)
Rachmi Sulistyarini (Unknown)
Siti Rohmah (Unknown)



Article Info

Publish Date
24 Dec 2025

Abstract

This study aims to uncover how religious interpretation and legal practice influence each other and to what extent this influence hinders or encourages the protection of children's and women's rights. This study utilizes library research focused on integrative literature analysis by combining various theories. The results suggest that the normalization of marriage dispensation reveals a fundamental paradox between religious reasoning and positive law that fails to meet within the humanitarian horizon, where religion is trapped in a morality that justifies patriarchy and the law loses its critical power due to submission to social pressures and conservative interpretations. In this situation, judges, as dual interpreters, often mediate between faith and the constitution pragmatically, so that legal decisions turn into pseudo-moral legitimations that actually negate the principle of child protection. This phenomenon not only marks normative tensions but also demonstrates an epistemological crisis in which religion and law have both lost their prophetic function as liberating forces, and therefore demands a reconstruction of reason that places substantive justice and human dignity above texts, traditions, and the fear of sin.

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Journal Info

Abbrev

IJERLAS

Publisher

Subject

Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Description

This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings ...