BAPAK ANGKAT SEBAGAI WALI NIKAH ANAK PEREMPUAN MUALAF DALAM PERKARA ISBAT NIKAH (STUDI PUTUSAN NOMOR 66/Pdt.P/2021/PA.Dum)

Gita Naura Nashifa, NIM.: 21103050027 (2025) BAPAK ANGKAT SEBAGAI WALI NIKAH ANAK PEREMPUAN MUALAF DALAM PERKARA ISBAT NIKAH (STUDI PUTUSAN NOMOR 66/Pdt.P/2021/PA.Dum). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research is motivated by a unique phenomenon in the practice of marriage guardianship in Indonesia, specifically related to the determination of the adoptive father as a marriage guardian for a female convert to Islam in the Dumai Religious Court Decision Number 66/Pdt.P/2021/PA.Dum. This case is interesting to study because it creates a conflict between the judge's consideration which prioritizes the principle of benefit using the concept of dharuri with the formal provisions in positive law that limit the authority of marriage guardianship. This study is a descriptive-analytical (field research) with a normative-empirical approach. Methodologically, this study combines document studies and written interviews as the main data collection techniques. Data was obtained through written interviews with judges who decided on cases and relevant Religious Affairs Office (KUA) officials, supplemented by an in-depth analysis of court decisions and relevant fiqh literature. Data analysis was conducted qualitatively using an inductive approach, using the dharuri concept theoretical framework as an analytical basis. This approach was chosen to achieve two main objectives: first, to comprehensively understand the legal considerations underlying the judges' decisions; second, to analyze the implications and impacts of these decisions in legal practice within society. Through this method, the study is designed to provide a comprehensive understanding from both theoretical-normative and empirical implementation perspectives in the field. The results showed that the judge granted the application for isbat nikah with three main considerations. First, the absence of a qualified nasab guardian because the applicant was a convert to Islam with a non-Muslim family. Second, emergency conditions considering that the marriage has lasted two years and has children. Third, the application of the fiqh rule al-masyaqqah tajlibut taysir which allows legal flexibility. However, this decision caused controversy because it contradicted the formal legal provisions in positive law, which then had an impact on the KUA's refusal to register the marriage. Therefore, there is a need for special rules for converts, clear guidelines for judges in handling emergency cases, and better cooperation between the courts and the KUA. The results show that the current regulations need to be adjusted to be able to handle similar situations in the future

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