WALI 'ADHAL DALAM PERNIKAHAN (Penyebab dan Penyelesaiannya Dalam Perspektif Hukum Islam)

  • Syailendra Sabdo Djati Universitas Muhammadiyah Surakarta

Abstract

Marriage is a bond between humans on a voluntary basis, according to religion and law. The normative procedure for organizing a marriage is regulated in Law Number 1 of 1974 concerning Marriage. In the implementation of marriage, it must fulfill the pillars in the form of: 1. fiancé, 2. fiancée, 3. marriage guardian, 4. two witnesses and, 5. consent and acceptance. However, sometimes marriage is hindered by a guardian who is reluctant or refuses to marry off which is known as adhal.This study seeks to determine the definition of adhal and adhalguardian and its laws in Islam, the factors that cause guardian to do adhal and how it is resolved in the perspective of Islamic law. The writing method used is descriptive qualitative by looking at data in the field and studying of relevant literature. Factors that cause the occurrence of adhal can be due to fiancédoes not meet the criteria of guardian in terms of origin, nature, social, economy, as well as the unharmonious relationship between the guardianand the woman under his guardianship, or motives for hurt toward ex-wife.The solution of adhal guardian is to use kinship persuasive advice. If this does not work, the bride and groom can ask for the appointment of a guardian
to the Religious Court. After the verdict is issued, the marriage can be carried out with the magistrate guardianand registered at the KUA

Downloads

Download data is not yet available.
Published
2020-11-21
How to Cite
Djati, S. (2020, November 21). WALI ’ADHAL DALAM PERNIKAHAN (Penyebab dan Penyelesaiannya Dalam Perspektif Hukum Islam). Al-MAJAALIS : Jurnal Dirasat Islamiyah, 8(1), 145-178. https://doi.org/https://doi.org/10.37397/almajalis.v8i1.154