MENU
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| Jenis | : |
KKM
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| Judul | : |
WALI ADHAL KARENA ALASAN TIDAK SEKUFU (Tinjauan Yuridis Penetapan Pengadilan Agama Nomor 65/Pdt.P/2021/PA.Apn)
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| Subjek | : |
Marriage
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| Pengarang | : |
Fata Tsabitul Azmi
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| Pembimbing | : |
Haedah Faradz,
Noor Asyik
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.016 AZM w
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Wali in Islamic law is one of the pillars that must be fulfilled in a marriage. The
existence of a guardian who is unwilling or reluctant to marry off his daughter is
called wali adhal. This research is motivated by problems in the refusal or reluctance
of the nasab guardian because the applicant's prospective husband is considered not
suited to the applicant from the guardian based on Decision Number
65/Pdt.P/2021/PA.Apn.
This study aims to determine how the legal considerations of the judge in
granting the application for wali adhal because the reason is not sekufu in the
Ampana Religious Court Decision Number 65/Pdt.P/2021/PA.Apn. and the legal
consequences of the granting of the judge's guardian application based on Law
Number 1 of 1974 concerning Marriage jo. Compilation of Islamic Law jo.
Regulation of the Minister of Religious Affairs Number 30 of 2005 concerning
Guardian Judges. This research uses a normative juridical approach method with
analytical descriptive research specifications. The data source used is secondary data
obtained from literature study. The data obtained is presented in the form of
narrative text using qualitative normative analysis methods.
Based on the research data and discussion, it shows that the Panel of Judges
has granted all of the Petitioner's requests in Decision Number
65/Pdt.P/2021/PA.Apn. The judge based it on Article 2 and Article 3 of Regulation of
the Minister of Religious Affairs Number 2 of 1987 concerning Guardian Magistrates
and Article 23 paragraphs (1) and (2) of the Compilation of Islamic Law. According
to researchers, in legal considerations, judges use Article 2 only because Article 3 is
not appropriate for judges to consider. Then according to the researchers, the judge
added the latest Minister of Religious Affairs Regulation on Guardian Magistrates,
namely Minister of Religious Affairs Regulation Number 30 of 2005 concerning
Guardian Magistrates in Article 2 and Article 3 paragraph (1). Then the judge also
needs to add Articles 39 and 61 of the Compilation of Islamic Law. The legal
consequences arising from the granting of the application for wali adhal are the
transfer of the marriage guardian from the nasab guardian to the judge guardian and
must be with the decision of the Religious Court or Shari'yah Court in accordance
with the provisions of Article 23 of the Compilation of Islamic Law jo Article 13
paragraph (3) letter b of the Regulation of the Minister of Religion Number 20 of
2019 concerning Marriage Registration. The judge guardian must offer back to the
nasab guardian who if he still refuses, then it is carried out with the judge guardian
in accordance with the provisions of Article 5 of the Minister of Religion Regulation
Number 30 of 2005 concerning Judge Guardians.
Keywords: Wali Adhal, Not Equal
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