Abstrak :
Guardian in Islamic marriage law is one of the pillars that must be fulfilled in a marriage. The
existence of a guardian who refuses or is unwilling to marry his daughter is called an adhal guardian. This
research is motivated by problems in the rejection or reluctance of the guardian by reason of the existence
of a testament containing an order to refuse to become a marriage guardian if the applicant insists on
marrying the person of her choice, as in the case that occurred in Banyuwangi area in Verdict Number
0126 / Pdt.P / 2022 / PA.Bwi.
This research uses a normative juridical research method with descriptive analytical research
specifications. The data source used is secondary data obtained from literature studies. The data obtained
is presented in the form of narrative text using qualitative normative analysis methods.
Based on the research data and discussions, it is shown that the Panel of Judges has granted the
request for the adhal guardian due to the rejection of the nasab (lineage) guardian based on the letter of
instruction that commands refusal to act as the marriage guardian if the Applicant insists on marrying her
chosen husband. The judge based this decision on the provisions of Article 19 and Article 23 of Presidential
Instruction Number 1 of 1991 concerning the Compilation of Islamic Law and Article 2 number 2 of the
Minister of Religious Affairs Regulation Number 2 of 1987 which has been amended by Minister of
Religious Affairs Regulation Number 30 of 2005, which essentially states that if the guardian of the
prospective bride is adhal, then the marriage is conducted by the judge guardian. According to the
researcher, the reason for the rejection of the nasab (lineage) guardian based on the testament is not syar’i
(based on shariah provisions), hence the request for adhal guardian is granted by the judge. Therefore, the
nasab (lineage) guardian is replaced by the judge guardian, this is in accordance with the provision of
Article 23 of the Compilation of Islamic Law. The legal consequence arising from the granting of the request
for adhal guardian is the transfer of the marriage guardian from the nasab (lineage) guardian to the judge
guardian and it must be in accordance with the decision of the Religious Court according to the provisions
of Article 23 of the Compilation of Islamic Law. In the implementation of marriage due to adhal guardian,
the guardian judge will still offer the role back to the nasab (lineage) guardian to marry the prospective
bride. If the nasab (lineage) guardian still refuses, then it will be carried out with the judge guardian. This
is in accordance with the provision set in Article 5 of the Minister of Religious Affairs Regulation Number
30 of 2005 concerning the Judge Guardian.
Keywords: Guardian Adhal, Letter Testament
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