ANALISIS ADZ-DZARI’AH TERHADAP PERTIMBANGAN HAKIM DALAM MENETAPKAN WALI ‘ADHAL (STUDI PENETAPAN NOMOR 33/Pdt.P/2023/PA.Tg)

Dannizar Azka Taftazani Arsal, NIM.: 20103050046 (2024) ANALISIS ADZ-DZARI’AH TERHADAP PERTIMBANGAN HAKIM DALAM MENETAPKAN WALI ‘ADHAL (STUDI PENETAPAN NOMOR 33/Pdt.P/2023/PA.Tg). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The presence of a guardian at a marriage is an important aspect in the context of the validity of a marriage. The absence of a guardian can result in the marriage being deemed invalid. For example, observed at the Tegal Religious Court in 2023, there was a case where an applicant tried to register his marriage at the East Tegal KUA, Tegal City. However, his application was rejected by the KUA because the applicant's guardian was reluctant (‘adhal) to marry off his child. The reason the applicant's father was reluctant was because his child's future husband was not a Civil Servant (PNS). The applicant then submitted a petition to the judge at the Tegal Religious Court because of the father's objection to marrying off his child. The aim is for the judge to determine the father's legal guardian status and appoint a guardian judge to carry out the marriage, as well as sadd adz-dzari'ah legal review of this determination. The type of research used is field research which is descriptive analytical in nature. The research approach used is an empirical juridical approach. The data sources in this research use primary data and secondary data. Data collection techniques use interview and documentation methods. From the results of this research, it can be concluded that the decision of the judge at the Tegal Religious Court was correct if analyzed based on the articles and arguments on which the decision was based. The articles that are the basis for the decision include articles 8-11 of the Marriage Law and article 23 of the Compilation of Islamic Law which regulates the appointment of ‘adhal guardians in accordance with the provisions of the applicable law. Meanwhile, if analyzed from the perspective of sadd adz-dzari’ah, if the judge refuses to appoint a guardian and continues to retain the guardian of the nasab, this could result in the possibility of mafsadat (damage) being greater than the benefit (the interests sought to be protected). The applicant and her future husband have developed a very close relationship, so concerns about adultery or marriage without a guardian which could result in damage to the bloodline become relevant. This can have a negative impact on individuals who engage in acts of adultery without a legal marriage bond.

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