Nur Azizah
Magister Hukum, Program Pascasarjana, Universitas Islam Malang

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Protection of the Right to Marry Against Guardians' Refusal Based on Javanese Custom Taboos Nur Azizah; Ahmad Syaifudin; Moh. Muhibbin
Indonesian Journal of Innovation Studies Vol. 27 No. 4 (2026): October
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v27i4.2297

Abstract

General Background: The right to marry is protected within Indonesian law, while Islamic marriage requires a guardian whose authority is not absolute when refusal lacks a legitimate religious basis. Specific Background: At the Blitar Religious Court, wali nasab refusal may arise from Javanese customary taboos involving weton or jilu, ngalor-ngulon, kebo balik kandang, the Brantas River boundary, and beliefs associated with parental death. Knowledge Gap: Prior studies have examined wali adhal, guardian authority, and customary marriage law, but empirical analysis combining customary refusal, protection of the prospective bride’s right to marry, and judicial reasoning remains limited. Aims: This empirical juridical study examines forms of refusal, legal protection through wali adhal and wali hakim, and judges’ ratio decidendi using statutory, case, sociological, interview, documentation, and literature approaches. Results: Refusals are mainly rooted in personal and psychological fears inherited through customary beliefs rather than recognized legal impediments. Wali adhal determination and wali hakim appointment provide a formal remedy, while judges assess whether stated reasons are valid under Islamic and Indonesian positive law; restrictive customs without such basis may fall within 'urf fasid. Novelty: The study connects Javanese customary beliefs, Islamic marriage law, the constitutional right to marry, and judicial reasoning in actual Blitar cases. Implications: Judicial review of customary grounds can preserve cultural consideration while securing legal certainty and access to lawful marriage Highlights: Weton or jilu, ngalor-ngulon, kebo balik kandang, Brantas River boundaries, and parental-death beliefs were identified as reasons for rejection. A court-appointed substitute may enable the union to proceed when family consent is withheld without a valid religious or statutory basis. Judges test asserted traditions against Islamic and positive law; unsupported restrictions may be classified as 'urf fasid. Keywords: Right to Marry, Wali Adhal, Wali Nasab, Javanese Customary Prohibitions, Legal Protection