PERAN KUA DALAM PROSES PENYELESAIAN PERMASALAHAN WALI ADHAL (STUDI DI KANTOR URUSAN AGAMA KEC. LOWOKWARU KOTA MALANG)

Abstract

This research is motivated by the phenomenon of wali adhal (religious guardian) in Lowokwaru District, Malang City, where a guardian refuses to marry off his daughter without a valid reason according to Islamic law. The purpose of this study is to analyze the causes, impacts, and the role of the Religious Affairs Office (KUA) in resolving this issue. The method used is empirical legal research with a case study approach. Data were obtained through in-depth interviews with the head of the KUA, supplemented by observations and a review of official documents. Data analysis was conducted using the interactive model developed by Miles, Huberman, and Saldana, along with the triangulation of sources and methods to ensure the validity of the findings. The results indicate that the primary causes of wali adhal are local cultural influences, such as belief in Javanese weton calculations, as well as psychological factors resulting from family conflict. The impacts include delays in marriage registration, additional costs, and psychological stress for prospective brides. In addressing this issue, the KUA plays a role not only as an administrative institution but also as a counselor and mediator. The KUA provides guidance, facilitates dialogue, and assists in the legal process by appointing a guardian as a judge. This research confirms the strategic role of the KUA in protecting women's rights and realizing marriages that are legal according to religion and the state.

Keywords: wali adhal, KUA, local culture, women’s rights, marriage law.