Since the Dutch Government ratified the religious court for Java and Madura in 1882, up to 1989, it had not had the procedural law that was compiled in one book. The religious court had its procedural law after the Law Number 7 year 1989 jo Law Number 3 2003 about the religious court were issued. However, the procedural law was still divided into two sources: (1) Law Number 7 year 1989 jo Law Number 3 year 2006 especially for marriage, (2) civil procedural law at the public justice that was outside marriage cases. In the cases whiich was outside the marriage cases, there was inconsistency among the competence, the legal source material, and the procedural law. The problem was because the competence was the Islam cases, the legal source material was also from Islam, meanwhile the procedural law was based on the public justice taken from Het Herziene Indonesisch Reglement (HIR) and Rechtsreglement Buitengewesten (R. Bg), and Burgelijk Wetboek (BW) book IV. There were two problems in this research: (1) How do the judges construct the procedural law of the religious justice to obtain the fair justice? (2) Do the judges at the religious court who deal with the cases outside the marriage cases apply another procedural law other than the civil procedural law at the public justice? The purposes of this research were to (1) construct the procedural law applied in the religious court, (2) obtain the procedural law used by the judges of the religious court to process the cases outside the marriage cases. The data in this research was qualitative data, so the research methodology was qualitative. The approaches used were the hermeunetic phenomenology. The result of the research was that the judges of the religious court constructed the procedural law in the process of outside marriage cases using the combiantion of the procedural law of the public justice and the procedural law of the religious court. The judges do this policy to gain the fair justice. The fair justice according to the judge was the justice based on the highest value that could be accounted before the God. To produce a fair justice, the judges of the religious court still used the Islamic procedural law in the process of cases outside the marriage cases. The judges did not fully implement the civil procedural law applied at the civil justice
