Abstrak :
In Islamic marriage law, a guardian (wali) is one of the essential elements required for a
valid marriage. When a guardian refuses or hesitates to marry off his daughter, it is referred
to as 'wali adhal.' This research is motivated by issues related to the rejection or reluctance of
a guardian based on financial conditions, as seen in a case in the Wonosobo area with Decision
Number 532/Pdt.P/2021/PA.Wsb.
The aim of this study is to understand the legal considerations made by the judge when
granting the request for wali adhal in Wonosobo Religious Court Number
532/Pdt.P/2021/PA.Wsb and the legal consequences of granting wali adhal based on Islamic
Law Compilation, Minister of Religious Affairs Regulation Number 20 of 2019 concerning
Marriage Registration, and Minister of Religious Affairs Regulation Number 30 of 2005
concerning Guardian Judges. This research employs a normative juridical research method
with descriptive-analytical specifications. Secondary data sources obtained from literature
studies are presented in the form of narrative text using qualitative normative analysis.
Based on the research findings and discussions, it is evident that the Panel of Judges
granted the wali adhal request because the biological father's refusal was based on financial
aggravating reasons. The judge relied on Article 2 and Article 3 Paragraph (1) of Minister of
Religious Affairs Regulation Number 2 of 1987, as amended by Minister of Religious Affairs
Regulation Number 30 of 2005, and Article 21, Paragraph (1) of the Islamic Law Compilation
which essentially states that if the guardian's lineage is valid then the marriage will be
solemnized by the judge's guardian. According to the researcher, in this case, there is a legal
fact that the parent's refusal to be the marriage guardian or wali adhal is not in accordance
with Islamic law (shari'ah). Since it is not shari'ah-compliant, the judge granted the wali adhal
request. The legal consequence of granting the wali adhal request is the transfer of the
marriage guardian from the biological father to the judge, as per the provisions of Article 23
of the Islamic Law. In practice, in marriages where wali adhal is involved, the judge guardian
will still offer the opportunity to the biological guardian to marry off the prospective bride. If
the biological guardian continues to refuse, the marriage will proceed with the judge guardian,
following the regulations stipulated in Article 5 of Minister of Religious Affairs Regulation
Number 30 of 2005 concerning Guardian Judges.
Keywords: Guardian Adhal, Requirements, Financial.
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