Pandangan Hukum Islam terhadap Praktik Pernikahan Wali Adhal (Studi Kasus di Kantor Urusan Agama Kecamatan Dawe)

Abstract

This study aims to understand the Islamic legal approach to a situation where a nasab guardian refuses to permit the marriage of a prospective bride at the Office of Religious Affairs (KUA) of Dawe District. The author in this study utilizes a qualitative research approach. In this study, the authors apply the juridical-normative method which includes a study approach that involves examination and analysis of data in accordance with legal principles and comparisons with existing laws. The findings in this study 1. In a sharia perspective, if a guardian is reluctant to marry off their daughter for reasons that are contrary to religious law, then they are referred to as 'adhal guardians, namely guardians who refuse to match women who are their dependents even though they have been asked to marry them off. If the guardian is not willing to enter into a marriage in this kind of situation, then the guardian's leadership rights will be transferred to the judge's guardian. 2. There are 4 factors that lead to the existence of an 'adhal guardian at the KUA of Dawe Kudus District, First: the lack of agreement of the guardian towards the choice of his child (physical/communication). Second: there are customs. Third: looking at one's caste (poor/ incapacitated people). Fourth: educational equality. 3. PPN coordinates with various parties involved in the marriage registration process such as the village head, Penghulu, and P3N. If there is an Adhal guardian who calls, VAT usually summons the various parties involved, especially the guardian who disagrees with the prospective bride and groom's marriage. If they are not present, PPN will visit the guardian's house to carry out clarification or mediation. From this clarification, a solution will be sought that can be accepted by both parties, so that peace is achieved between the guardian and the prospective bride and groom.