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PEMBUKTIAN STATUS WALI MAFQUD DALAM PERKAWINAN: STUDI TERHADAP PANDANGAN PARA PENGHULU DI KOTA YOGYAKARTA TAHUN 2025
This research is motivated by the importance of the marriage guardian (wali nikah) as one of the essential pillars of marriage in Islamic law, particularly in cases where the biological guardian’s whereabouts are unknown (mafqūd). In practice, the legal mechanism for proving the status of a missing guardian has not been specifically regulated in Indonesian positive law, resulting in differing interpretations and practices among marriage registrars in determining the appointment of a guardian judge (wali hakim). This condition may lead to legal uncertainty in the implementation of marriage. Therefore, this study focuses on the perspectives of marriage registrars in Yogyakarta City regarding the proof of wali mafqūd status in marriage and its juridical review based on applicable legal provisions. This study is a field research employing a descriptive-analytical method with a juridical-empirical approach. Primary data were obtained through interviews with marriage registrars at the Offices of Religious Affairs (KUA) in Umbulharjo, Tegalrejo, and Kotagede Districts of Yogyakarta City. Secondary data were collected from legislation, the Compilation of Islamic Law (KHI), books, journals, and relevant previous studies. The study applies the theory of legislation as the analytical framework to examine the conformity between legal norms and the practices implemented by marriage registrars in proving the status of wali mafqūd. The results indicate that marriage registrars in Yogyakarta generally share the same view that a wali mafqūd may be replaced by a wali hakim when the guardian’s whereabouts are genuinely unknown. However, differences remain in the administrative procedures and precautionary considerations applied in the verification process. The proof is commonly established through family statements, information from local authorities, witness testimonies, and efforts to trace the guardian’s whereabouts. Juridically, these practices are consistent with the Compilation of Islamic Law and the Regulation of the Minister of Religious Affairs Number 30 of 2024, although there is still no detailed technical guideline regarding the standard of proof for wali mafqūd status. Therefore, clearer regulations are necessary to ensure legal certainty and uniformity of practice within the Offices of Religious Affairs.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PEMBUKTIAN STATUS WALI MAFQUD DALAM PERKAWINAN: STUDI TERHADAP PANDANGAN PARA PENGHULU DI KOTA YOGYAKARTA TAHUN 2025 (Text)
PEMBUKTIAN STATUS WALI MAFQUD DALAM PERKAWINAN: STUDI TERHADAP PANDANGAN PARA PENGHULU DI KOTA YOGYAKARTA TAHUN 2025 (Other)
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