Institutional Repository UIN Sunan Kalijaga YogyakartaKONSTRUKSI PARAMETER WALI ADHAL DALAM PRAKTIK PERADILAN AGAMA (STUDI PENETAPAN PENGADILAN AGAMA BANTUL TAHUN 2023–2025)NIM.: 24203012045Taufiq Ikram Ash SyidiqiauthorThis research is motivated by the high number of petitions regarding wali aḍal (an obstructive guardian) at the Bantul Religious Court the highest figure among all religious courts in the Special Region of Yogyakarta. A wali aḍal situation arises when a wali nasab (a guardian by lineage) refuses or is reluctant to solemnize the marriage of a woman under his guardianship. Meanwhile, Article 23 of the Compilation of Islamic Law lacks detailed operational parameters to determine whether a refusal constitutes aḍal. This situation grants judges the discretion to engage in legal discovery (rechtsvinding) to ascertain whether a guardian’s refusal qualifies as aḍal. This study aims to analyze the legal discovery process employed by judges in wali aḍal rulings and to formulate a set of parameters used by judges to identify aḍal, while examining the legal protection afforded to a woman’s right to enter into marriage. This study employs a field research methodology, utilizing both juridical and empirical approaches. Data were gathered through fieldwork specifically interviews with judges and clerks at the Bantul Religious Court as well as through the analysis of documents concerning the court’s rulings on wali aḍal (cases involving a guardian who unjustifiably withholds consent for marriage) between 2023 and 2025. The study draws upon Sudikno Mertokusumo’s theory of legal discovery to address gaps in the law, and Philipus M. Hadjon’s theory of legal protection to analyze the parameters applied by judges in safeguarding women’s rights within wali aḍal cases. The research findings indicate that legal discovery in the determination of a wali aḍal is conducted through methods of interpretation, specifically grammatical, systematic, and teleological interpretation. Furthermore, the study identifies the application of argumentum a contrario and "free legal discovery" (freie Rechtsfindung) as part of the analysis aimed at addressing the incompleteness of the parameters for a wali aḍal as set forth in Article 23 of the Compilation of Islamic Law (KHI). This study establishes five parameters for the concept of wali aḍal (an obstructive guardian): 1) the validity of the marriage, 2) the nature of the guardian’s refusal, 3) the examination of the grounds for the guardian’s refusal, 4) the protection of women’s rights, and 5) the public interest (maṣlaḥah). These five parameters provide both preventive and repressive legal protection. Preventive legal protection is achieved through the verification of the marriage’s validity, the summoning of the guardian, the examination of evidence and witnesses, and the assessment of the reasons for the guardian’s refusal. Repressive legal protection is implemented once a guardian is proven to be aḍal (obstructive); this involves a formal judicial determination of the guardian’s obstruction and the subsequent appointment of a wali ḥākim (a judge acting as a guardian), thereby providing the legal certainty necessary for a woman to proceed with her marriage.347.5983 Peradilan Agama2026-10-14UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

For work being deposited by its own author: In self-archiving this collection of files and associated bibliographic metadata, I grant Institutional Repository UIN Sunan Kalijaga Yogyakarta the right to store them and to make them permanently available publicly for free on-line. I declare that this material is my own intellectual property and I understand that Institutional Repository UIN Sunan Kalijaga Yogyakarta does not assume any responsibility if there is any breach of copyright in distributing these files or metadata. (All authors are urged to prominently assert their copyright on the title page of their work.)

For work being deposited by someone other than its author: I hereby declare that the collection of files and associated bibliographic metadata that I am archiving at Institutional Repository UIN Sunan Kalijaga Yogyakarta) is in the public domain. If this is not the case, I accept full responsibility for any breach of copyright that distributing these files or metadata may entail.

Clicking on the deposit button indicates your agreement to these terms.