KRITIK KIAI MLANGI TERHADAP KHI TENTANG WALI NIKAH DISABILITAS PERSPEKTIF TEORI HUKUM RESPONSIF PHILIPPE NONET DAN PHILIP SELZNICK

Ismaiel Khasan, NIM.: 20203012033 (2024) KRITIK KIAI MLANGI TERHADAP KHI TENTANG WALI NIKAH DISABILITAS PERSPEKTIF TEORI HUKUM RESPONSIF PHILIPPE NONET DAN PHILIP SELZNICK. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study aims to discuss the clause of the rules regarding the validity of marriage guardians with hearing disabilities contained in Article 22 of the Compilation of Islamic Law (KHI), where the rules appear to discriminate and limit the rights of people with hearing disabilities to become marriage guardians, thus contradicting the principles of justice in Islamic law. Starting from this problem, which then confronts this research in an effort to explore the issue of discrimination against persons with disabilities from the perspective of Kiai-Kiai in Mlangi hamlet, which has a strong Islamic tradition, with the aim of presenting thoughts that are responsive and accommodating to the role of marriage guardians with hearing disabilities. This research is a type of empirical legal research with a normative-philosophical approach. Primary data is obtained through in-depth interviews with Kiai in Mlangi hamlet, while secondary data comes from Islamic law literature, the context of disability studies and normative studies related to Article 22 KHI. This approach is used to understand the Kiai's views on the requirements of marriage guardians and how these rules are translated into real practices that prioritize and benefit. The results show that the Kiai in Mlangi Hamlet tend to have inclusive and progressive views. They accept marriage guardians with hearing disabilities on the condition that there are communication aids such as sign language, translators, or technology to ensure that the guardian understands the marriage contract. This view reflects the principle of substantive justice in responsive theory, which prioritizes public welfare and justice as the main objectives, and provides a way out of the limitations of Article 22 KHI. This study concludes that the thinking of Kiai in Mlangi Hamlet can be a reference for reforming Islamic law to be more inclusive.

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