ANALISIS HUKUM ISLAM TERHADAP PERTIMBANGAN HAKIM DALAM PENYELESAIAN PERKARA WALI ADHOL (Studi Putusan Nomor 142/Pdt.P/2024/Pa.Kdr di Pengadilan Agama Kota Kediri)

Abstract

Marriage in Islamic law requires the presence of a guardian (wali) as one of its essential pillars. However, in practice, there are cases where a guardian refuses to marry off his daughter without a legitimate reason according to Islamic law, which results in delaying the marriage process; this condition is known as wali aḍhal. This study aims to analyze the judge’s considerations in determining wali aḍhal in Decision Number 142/Pdt.P/2024/PA.Kdr examines its conformity with Islamic legal principles. This research employs a qualitative method with a normative juridical approach. Data were collected through interviews and documentation of court decisions, supported by classical and contemporary Islamic legal literature. The results indicate that the guardian’s refusal in this case had no valid syar’i justification, while the prospective husband fulfilled the kafa’ah criteria, and no legal impediment to marriage was present. Consequently, the judge transferred the guardianship to the wali hakim. This legal reasoning aligns with Article 23 of the Compilation of Islamic Law and the Shafi’i School, which allows the transfer of guardianship in cases of unjust refusal, to protect the woman’s right to marriage.

Keywords: Wali Aḍhal; Wali Hakim; Judge Consideration; Islamic Law