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International Journal of
Law
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VOL. 8, ISSUE 4 (2022)
A juridical analysis of judges consideration of the syar'iyah sigli court in deciding the matter of the Adhal Guardian (Wali Adhal)
Authors
Alfi Maqfirah, Imam Jauhari, Ilyas
Abstract
Article 14 of Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law (KHI), states that to carry out a marriage there must be a prospective husband, prospective wife, marriage guardian, two witnesses, consent and acceptance. In Article 19 it is reaffirmed, marriage guardians (wali) in marriage are pillars that must be fulfilled for the prospective bride who acts to marry her off. On that basis, the guardian becomes one of the important requirements and must be present in every marriage event. This study aims to find out the considerations of the judges of the Sigli Syar'iyah Court to determine the adhal guardian in the decision no. 8/Pdt.P/2021/Ms.Sgi, No. 273/Pdt.P/2021/Ms.Sgi, and No. 75/Pdt.P/2022/Ms.Sgi, then analyze the position of the three decisions in terms of the principles of certainty, expediency, and legal justice. The method used in this research is juridical-normative, using 3 approaches, namely the statute approach, the historical approach, and the conceptual approach. The nature of the analysis of this research is prescriptive-analysis. The results of the study indicate that the consideration of the judges of the Sigli Syar'iyah Court determined the adhal guardian (wali adhal) in Decision No. 8/Pdt.P/2021/Ms.Sgi, No. 273/Pdt. P/2021/Ms.Sgi, and Decision No. 75/Pdt.P/2022/Ms refers to three categories. First, juridical considerations, second, the doctrinal opinion regarding the legality of replacing an adhal nasab guardian to a guardian judge (wali hakim), third, the rules of fiqh or principles and principles of law.
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Pages:14-18
How to cite this article:
Alfi Maqfirah, Imam Jauhari, Ilyas "A juridical analysis of judges consideration of the syar'iyah sigli court in deciding the matter of the Adhal Guardian <em>(Wali Adhal)</em>". International Journal of Law, Vol 8, Issue 4, 2022, Pages 14-18
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