Results 221 to 230 of about 297,658 (273)

From Judicial Discretion to Maqasid al-Shari'ah Reasoning: The Case of Marriage Dispensation at the Muara Bulian Religious Court, Indonesia

Islamic Law and Social Issues in Society
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.
Ardian Kurniawan   +2 more
semanticscholar   +1 more source

Pseudo-Maṣlaḥah and Epistemological Failure in Marriage Dispensation at Indonesian Religious Courts

Jurnal Ilmiah Peuradeun
This study looked at how maṣlaḥah (public interest) was used in marriage cases in the Religious Courts of Sumatra, Indonesia, and how it was related to the goals of maqāṣid al-sharī’ah.
Azni Azni   +5 more
semanticscholar   +1 more source

Why Pregnancy Is Not Enough: Judicial Interpretation of “Urgent Grounds” in Child Marriage Dispensation Cases at the Madiun Religious Court

Indonesian Journal of Sharia and Socio-Legal Studies
This article examines how Muslim judges interpret the statutory requirement of “urgent grounds” in child marriage dispensation cases arising from pregnancies outside of wedlock at the Madiun Religious Court.
Otavia Berlina Cahya Putri   +2 more
semanticscholar   +1 more source

The Problematic Nature of Marriage Dispensation from the Perspective of Maqāṣid al-Sharī‘ah

Al-Hikmah: International Journal of Islamic Studies
This study examines the problematics of marriage dispensation from the perspective of Islamic law grounded in maqāṣid al-sharī‘ah, as well as Indonesia’s positive law following the enactment of Law No.
Moh. Jeweherul, Kalamiah, Al Hikmah
semanticscholar   +1 more source

JUDICIAL DISPARITIES IN LEGAL INTERPRETATION: THE APPLICATION OF PROGRESSIVE LAW IN MARRIAGE DISPENSATION RULINGS

al-Mawarid Jurnal Syariah dan Hukum (JSYH)
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.
Info Artikel   +3 more
semanticscholar   +1 more source

Assessing Judges’ Considerations of Urgent Grounds in Marriage Dispensation Decisions: A Case Study of the Jantho Sharia Court, Aceh, Indonesia

El-Usrah : Jurnal Hukum Keluarga
Marriage Dispensation is a permit granted by the court to prospective brides or grooms who have not yet reached the age of 19 to enter into marriage. Consideration of the minimum age of marriage is a highly crucial matter, particularly to ensure a child ...
A. Bs
semanticscholar   +1 more source

Best Interest of the Child (Ḥifẓ al-Awlād) Principle in Adjudicating Marriage Dispensation for Under-Age Couples

AL-IHKAM: Jurnal Hukum & Pranata Sosial
Since the enactment of Law Number 16 of 2019, which amended Law Number 1 of 1974 on Marriage, the Religious Court of Malang Regency has experienced a significant surge in marriage dispensation applications compared to the period when the previous ...
Mochamad Nurcholis   +3 more
semanticscholar   +1 more source

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