Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Vol 6 No 1 (2026): Al Hakam

JUDICIAL REJECTION OF MARRIAGE DISPENSATION: A NORMATIVE JURIDICAL ANALYSIS FROM THE PERSPECTIVE OF CHILD PROTECTION

Awal Mukmin (Institut Agama Islam Hasanuddin Pare)
Andi Mulyanti Selayar H (Institut Agama Islam Hasanuddin Pare)



Article Info

Publish Date
03 Oct 2026

Abstract

Applications for marriage dispensation for minors under Law No. 16/2019 remain prevalent in Indonesia; however, not all requests are granted. This normative juridical research aims to analyze the legal reasoning of judges in rejecting such applications through a study of religious court judgment documents. The results indicate that rejections are generally based on the emotional and psychological immaturity, economic unreadiness, and low educational level of the prospective bride and groom. Judges prioritize the principle of the best interest of the child in accordance with national and international laws. In conclusion, judicial rejections are not only based on formal legal norms but also consider social, moral, and child protection aspects against the negative impacts of early marriage. Therefore, marriage dispensation must be positioned as a last resort (ultimum remedium), rather than a primary solution.

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Journal Info

Abbrev

alhakam

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues,is a scientific periodical published by the Islamic Family Law Study Program, Fakulty of Syariah, University of Al-Hikmah Indonesia. The articles featured in this scientific periodical are about thoughts on family law, fiqh ...