The Pseudo-Protection: Law, Religion, and Child Marriage Dispensations in Indonesian Religious Courts

Abstract In Indonesia’s Religious Courts, the issuance of marriage dispensations is officially intended to protect the well-being of children; however, it raises critical questions regarding whose interests are ultimately prioritized. This study examines how claims of maṣlaḥah (public interest) are articulated in judicial reasoning within marriage dispensation cases. The analysis highlights three recurring dimensions influencing judicial decisions: religious doctrine, moral considerations, and statutory legality. The findings identify a pattern of pseudo-protection, a conceptual category of adjudicative reasoning in which claims of child protection are intertwined with concerns about family honor and social stigma in justifying marriage dispensations. By conceptualizing pseudo-protection, the study contributes to broader academic discussions on how child protection claims in marriage dispensation cases are constructed, legitimized, and applied within religiously informed legal systems.