FENOMENA PENOLAKAN SEORANG WALI UNTUK MENIKAHKAN ANAKNYA (STUDI KASUS DI PENGADILAN AGAMA KLATEN)
DOI:
https://doi.org/10.22515/academica.v3i2.2004Abstract
Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and everlasting family (household) based on the Godhead. To guarantee legal certainty, a marriage must be legal in both religion and state. In Islam the marriage is said to be valid if it meets the terms and conditions set. This was also stated in KHI Chapter IV, the first part of article 14, stated that the marriage pillar consists of a prospective husband, prospective wife, marriage guardian, two witnesses, consent and qabul. The most important thing that determines whether a marriage is legal or not is a guardian. In one history of the hadith it is stated that marriage without a guardian is null and void. However, there are guardians who refuse to marry their children, even though it is also clear in Surah Al Baqarah verse 232 that guardians must not hinder if the child already has proposed marriage. The actions of the guardian are clearly not in accordance with the verse. As a result of this rejection makes the child does not have a guardian to marry her. This has become the initial problem of a marriage. One of them in the Klaten Religious Court in 2017 has a fairly high number of problems related to guardians who refuse to marry their children. Then the focus of this research is to find out the factors that cause guardians to refuse to marry their children, related to an application submitted to the Klaten Religious Court in 2017. The method used in this research is Field Research with a Qualitative Descriptive approach in which data collection is carried out directly with the judge who decides the case took place in the Klaten Religious Court.
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Keywords: Marriage; Refuse; Cause; Adhal Guardian; Judge Guardian.References
Ahmad Saebani, Beni, Fiqh Munakahat 1, Bandung : CV Pustaka Setia, 2009.
Moh. Dliya’ul Chaq, “Telaah Ulang Hak Paksa dalam Perkawinan Islam melalui Pendekatan Fiqh, Munasib Al-Ilah dan Urfâ€, Institut Agama Islam Bani Fattah Jombang, Indonesia.
Kompilasi Hukum Islam.
Mei Ayuningtyas, Mutiara. Tinjauan Hukum Tentang Penetapan Wali Adhal Menurut Hukum Perkawinan, Fakultas Hukum Universitas Muhammadiyah Surakarta.
Nurjanah, Siti. “Tinjauan Hukum Islam Terhadap Pernikahan Wali Hakim Akibat Wali Nasabnya Adhal†(StudiAnalisis Putusan PA Serang No. 0401/ Pdt.P/ 2017/ PA. Srg), Serang : 2017.
Sabiq, Sayyid. Fiqh Sunnah Jilid III, Terj. Abu Aulia dan Abu Syauqina, Jakarta : Republika Penerbit PT Pusaka Abdi Bangsa, 2018.
Shodikin, Ahmad. Penyelesaian Wali Adhal dalam Pernikahan Menurut Hukum Islam dan Perundang-undangan di Indonesia, IAIN Syekh Nurjati Cirebon, Fakultas Syariah dan Ekonomi Islam.
Soemiyati, Hukum Perkawinan Islam dan Undang Undang Perkawinan, Yogyakarta : Liberty Yogyakarta, 2007.
Undang-undang Perkawinan No. 1 Tahun 1974.
Wawancara : Bp Wahib selaku hakim yang memutus perkara wali adhal di PA Klaten
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