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All Journal Pembaharuan Hukum Al-Risalah Jurnal Studi Agama dan Pemikiran Islam
Salamah, Ade
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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WALI `ADHOL FROM THE PERSPECTIVE OF INDONESIAN POSITIVE LAW AND ITS PRACTICE IN RELIGIOUS COURTS Salamah, Ade
Al-Risalah : Jurnal Studi Agama dan Pemikiran Islam Vol 16 No 2 (2025): Al-Risalah : Jurnal Studi Agama dan Pemikiran Islam
Publisher : Fakultas Agama Islam, Universitas Islam As-Syafiiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/alrisalah.v16i2.5072

Abstract

Marriage in Islamic law plays a vital role for individuals and society, with the guardian (wali) being one of the essential pillars for the marriage to be valid. However, issues can arise in practice when the designated guardian, particularly the father, refuses to fulfill his duty, a situation known as wali adhol. This article discusses the importance of the guardian's role in Islamic marriage, the legal and social problems caused by wali adhol, and the solutions provided by Indonesia's legal system, including the appointment of a judge guardian to replace a guardian who refuses or cannot be present. In this context, the Compilation of Islamic Law (KHI) and Minister of Religious Affairs Regulation No. 22 of 2024 provide the legal basis for the religious court to appoint a judge guardian in wali adhol cases. The article also explores the differing views among Islamic schools of thought on wali adhol and how Indonesia's religious courts play a key role in ensuring the validity of the marriage despite challenges posed by the guardian. This study concludes that while wali adhol presents challenges, Indonesia's legal system offers clear mechanisms to address this issue, ensuring fairness and the successful implementation of lawful marriages in accordance with Islamic principles.
Legal Framework for Optimizing Nazhir’s Role in Waqf Asset Management for Economic and Social Development Fauziah, Fauziah; Salamah, Ade; Lubis, Efridani; Intihani, Siti Nur; Fadillah, Syarif
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47125

Abstract

Waqf is a recommended form of worship for Muslims because its rewards continue even after the donor (wakif) has passed away, as long as the donated assets provide ongoing benefits. In Indonesia, waqf is regulated by Law Number 41 of 2004, which emphasizes that waqf functions to realize economic potential for worship and public welfare. This highlights the importance of strengthening nadzir’s role and capacity in managing waqf assets productively. This research aims to examine nadzir’s role in managing waqf assets in Bekasi City and to identify strategies for optimizing their skills to support social and economic development. The study uses a combination of normative juridical methods, by analyzing laws and regulations, and empirical juridical methods, by collecting primary data through interviews with nadzir, wakif, the Indonesian Waqf Board (Badan Waqaf Indonesia/BWI), and the local community. The findings show that nadzir has a strategic but challenging role, as many lack adequate training and support from relevant institutions. Therefore, optimizing nadzir’s capacity through structured training and government-backed guidance is crucial. The study concludes by recommending sustainable skill development programs for nadzir to ensure waqf assets can truly contribute to community welfare.
Co-Authors Efridani Lubis Fauziah Fauziah Intihani, Siti Nur Syarif Fadillah