Dynamics Of Determining Guardian Judges In Marriage Analysis: Islamic Law, Positive Law And Social Practice

Abstrak

This study examines the dynamics of the determination of a wali hakim (guardian appointed by the state) in marriage from the perspectives of Islamic law, positive law, and social practices at the Office of Religious Affairs (KUA) in Sungai Gelam District, Jambi. In Islamic marriage law, the presence of a guardian (wali) is an essential requirement for the validity of a marriage contract. However, in certain circumstances where the nasab guardian is absent, unknown, unwilling, or legally unable to perform the role, the authority to act as guardian may be transferred to a wali hakim. The implementation of this provision often encounters various legal and social dynamics in society. This research aims to analyze the procedures for determining a wali hakim in marriage, identify the factors that lead to the appointment of a wali hakim, and examine the role of religious officials in resolving related issues within the community. The study employs a qualitative research method with a juridical–sociological approach. Data were obtained through literature review, legal document analysis, and field observations related to the practices of determining a wali hakim at the KUA of Sungai Gelam District. The findings indicate that the determination of a wali hakim is generally conducted in accordance with Islamic legal principles and Indonesian positive law, particularly the Compilation of Islamic Law and relevant administrative regulations. Nevertheless, social factors such as family conflicts, lack of legal awareness, cultural influences, and administrative constraints often affect the implementation process. Therefore, the role of KUA officials, especially the penghulu, is crucial in mediating between legal norms and social realities to ensure that marriages are conducted lawfully and fairly