FENOMENA PENGAJUAN WALI ‘ADAL DALAM PERKAWINAN MASYARAKAT SASAK (STUDI KASUS KEC. PRAYA TIMUR, LOTENG, NTB)

Ahmad Fauzi, NIM.: 24203012076 (2026) FENOMENA PENGAJUAN WALI ‘ADAL DALAM PERKAWINAN MASYARAKAT SASAK (STUDI KASUS KEC. PRAYA TIMUR, LOTENG, NTB). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage in Islam recognizes the wali (marital guardian) as the party authorized to oversee the marriage contract. However, a guardian’s refusal to approve a marriage without a valid justification under Islamic law may give rise to the issue of wali ‘adal (the unjustified refusal of a marriage guardian), as observed in East Praya District, Central Lombok Regency. In Sasak society, where family ties and customary traditions hold significant importance, differences of opinion between a guardian and a prospective bride, particularly regarding the choice of a marriage partner and the customary pisuke payment, may trigger conflicts that eventually lead to an application for a judicial determination of wali ‘adal before the Religious Court. This study aims to identify the factors underlying applications for wali ‘adal and to explain the process through which such cases develop and ultimately proceed to court. This study employs a qualitative method through field research, using a descriptive-analytical design and an Islamic legal sociology approach. Primary data were obtained through interviews with women who had applied for wali ‘adal determinations, marriage guardians, family members, officers of the Office of Religious Affairs (Kantor Urusan Agama), and religious and community leaders. Secondary data were drawn from legislation, the Compilation of Islamic Law, court decisions, relevant literature, and previous studies. Data were collected through interviews, observation, and documentation, and subsequently analyzed through data reduction, data presentation, and conclusion drawing. The analysis applies Ralf Dahrendorf’s Structural Conflict Theory to examine authority relations within the family Maqasid al-Syari’ah ah approach to assess the public benefits and welfare implications of judicial determinations of wali ‘adal . The findings indicate that four interrelated groups of factors influence applications for wali ‘adal : the dominance of guardians’ authority within the family structure, the shift in the function of pisuke into a means of indirect refusal, psychological dynamics and emotional relationships between guardians and their daughters, and religious and administrative constraints. From Dahrendorf’s theoretical perspective, this issue reflects an unequal distribution of authority that places guardians in a dominant position while limiting prospective brides’ decision-making autonomy. The process unfolds in several stages, beginning with the intention to marry, followed by the guardian’s direct or indirect refusal, escalating conflict, unsuccessful family deliberations, and ultimately the submission of an application to the Religious Court. From Maqasid al-Syari’ah perspective, a judicial determination serves as an instrument for protecting women’s right to marry. This study concludes that wali ‘adal is not merely an administrative issue but a social phenomenon shaped by family authority, customary traditions, psychological dynamics, and the fulfillment of women’s rights. Accordingly, its resolution should not focus solely on legal certainty but should also consider the achievement of social welfare and the preservation of family harmony.

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