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All Journal FIKRI : Jurnal Kajian Agama, Sosial dan Budaya As-Salam: Jurnal Studi Hukum Islam & Pendidikan
Muhammad Sirojudin Sidiq
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Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTASI PMA NOMOR 30 TAHUN 2005 TENTANG WALI HAKIM Muhammad Sirojudin Sidiq
AS-SALAM Vol 4 No 2 (2015): MEMBIDIK NUANSA KEDAMAIAN DENGAN PENDIDIKAN DINI & APLIKASI PENEGAKAN HUKUM
Publisher : LPPM STAI DARUSSALAM LAMPUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.462 KB)

Abstract

A guardian is one of the foundations determining the marriage to be either legal or illegal, hence however the situation, the guardian has to be exist. If the parental guardians are not exist anymore, or unqualified to be a guardian, or mafqud, or not well-known addressed, or difficult to be called, so person who has a right to be a guardian in that marriage is magistrate guardian. Magistrate guardians according to Islam are people who have authority in the country they lead the society. According to PMA No. 30 Year 2005 about Magistrate Guardian, there is explained that magistrate guardian is the Head of sub-district KUA assigned by Ministry of Religion to be a guardian of a bride who does not have any guardians. When the Head of KUA is on business or not exist, the Head of Islamic Societal Guidance in act for the Head of Ministry of Religion in District assigns one of the Headmen in Sub-district or closest place to be the magistrate guardian in his place temporarily.
LEGALITAS KIAI SEBAGAI WALI DALAM PERKAWINAN TANPA WALI NASAB Muhammad Sirojudin Sidiq
AS-SALAM Vol 4 No 1 (2015): PERAN KELUARGA DALAM PENDIDIKAN & KETAATAN TERHADAP UUD
Publisher : LPPM STAI DARUSSALAM LAMPUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (501.846 KB) | DOI: 10.51226/assalam.v4i1.65

Abstract

Kiai as a guardian in marriage is a phenomenon that is not uncommonamong Islamic societies, especially in rural communities that tend tostudy Islamic law through the books of fiqih salaf, which until now stillcause pro-cons among the kiai / Scholars and other Islamic societies.The issue discussed in this paper is the argument of the legality of kiaias a guardian in marriage without the guardian of Islam accordingto Islamic law and the legislation in Indonesia, in order to explain thekiai's argument as a guardian in marriage, to explain the legal basisarising from the kiai as the guardian in Marriage under Islamic lawand legislation.The results of this study indicate that the kiai's law as a guardian inmarriage without guardian nasab, marriage is considered unlawfulaccording to laws and regulations applicable in Indonesia andillegitimate according to jumhur ulama, because the guardians whoshould carry out are the judges and not the kiai
IMPLEMENTASI PMA NOMOR 30 TAHUN 2005 TENTANG WALI HAKIM Muhammad Sirojudin Sidiq
AS-SALAM Vol 4 No 2 (2015): MEMBIDIK NUANSA KEDAMAIAN DENGAN PENDIDIKAN DINI & APLIKASI PENEGAKAN HUKUM
Publisher : LPPM STAI DARUSSALAM LAMPUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.462 KB) | DOI: 10.51226/assalam.v4i2.76

Abstract

A guardian is one of the foundations determining the marriage to be either legal or illegal, hence however the situation, the guardian has to be exist. If the parental guardians are not exist anymore, or unqualified to be a guardian, or mafqud, or not well-known addressed, or difficult to be called, so person who has a right to be a guardian in that marriage is magistrate guardian. Magistrate guardians according to Islam are people who have authority in the country they lead the society. According to PMA No. 30 Year 2005 about Magistrate Guardian, there is explained that magistrate guardian is the Head of sub-district KUA assigned by Ministry of Religion to be a guardian of a bride who does not have any guardians. When the Head of KUA is on business or not exist, the Head of Islamic Societal Guidance in act for the Head of Ministry of Religion in District assigns one of the Headmen in Sub-district or closest place to be the magistrate guardian in his place temporarily.
PELAKSANAAN PERNIKAHAN SANTRI (ABDI NDALEM) DI PONDOK PESANTREN BAITUL MUSTAQIM Anggita Vela; Muhammad Sirojudin Sidiq; Andi Ali Akbar; Lulu Arini
AS-SALAM Vol 13 No 1 (2024): PENDIDIKAN DAN HUKUM DALAM PERSPEKTIF MASA DEPAN
Publisher : LPPM STAI DARUSSALAM LAMPUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51226/assalam.v13i1.597

Abstract

This research aims to find the factors of marriage of indentured servant students carried out at the BaitulMustakim Islamic Boarding School, the contribution of the Kyai Caretaker of the Islamic Boarding School given to his indentured servant students, and the legal certainty of marriages carried out by indentured abdindalem. The method used in this research is field research, using a qualitative descriptive approach. Data collection uses the interview method. With the research location at the BaitulMustakim Islamic Boarding School, Punggur District, Central Lampung Regency, Lampung Province. Those examined were Islamic boarding school caretaker kyai, Ustad-Ustadzah, abdindalem students who held weddings at the Islamic boarding school. The findings of this study are that the marriage of santriabdindalem carried out at the Boarding School is due to several factors including; the offer from the Kyai Caretaker of the Islamic Boarding School, the desire of the parents of Santriabdindalem, the desire of santri to carry out marriages at the Boarding School. The contribution given by the Kyai Caretaker of the Islamic Boarding Schoolto the santriabdindalem towards the implementation of marriages held at the Boarding School is to provide assistance in the marriage registration process, money or 5 grams of gold, consumption. That the marriage carried out by the santriabdindalem is legally valid according to religion and the state.
Wali al-Nikāḥ Hierarchies in Theory and Practice: Disputes, Authority, and Social Reality in Indonesian Muslim Communities Muhammad Sirojudin Sidiq; Andi Ali Akbar; Anggita Vela; Muhammad Farid Zulkarnain
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 10 No. 1 (2025): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v10i1.6367

Abstract

This article examines the problematic social practices related to the appointment of Wali al-Nikāḥ (marriage guardians) in Kotagajah Subdistrict, Central Lampung Regency, Indonesia. The focus lies on conflicts surrounding the rejection of Wali al-Nasab (lineal guardians) by the bride's family, disputes among multiple guardians within the hierarchical structure, and unauthorized delegation of wali. This study explores the tension between the normative framework of Islamic law regarding Wali al-Nikāḥ and the lived realities of marriage practice at the community level. To address this issue, a qualitative fieldwork approach was employed using a socio-legal lens. Data were collected through interviews with penghulu (marriage registrars), religious leaders, and families who have experienced guardianship disputes, supported by administrative documents from the Office of Religious Affairs (KUA) and references from classical fiqh texts and Indonesian marriage law. The findings reveal various forms of conflict in marriage proceedings, including the moral disqualification of biological fathers, internal family disputes over rightful guardianship, and administrative manipulations such as "declaring the guardian deceased" to secure the appointment of a Wali al-Ḥākim (judicial guardian). These phenomena indicate a disjunction between fiqh-based legal norms and social dynamics, often leading to compromise. This study highlights the need to critically reassess the wali hierarchy's structure in Islamic law and develop more responsive legal mechanisms that better reflect social realities.
Co-Authors Andi Ali Akbar Anggita Vela Lulu Arini Muhammad Farid Zulkarnain