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Sihombing, Sarwan
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Analisis Pemahaman Imam Syafi’i Tentang Perpindahan Wali ‘Adhol Menjadi Wali Hakim Dalam Proses Pernikahan (Studi Analisis Kitab Al-Umm) Sihombing, Sarwan
Jurnal Landraad Vol. 3 No. 2 (2024): Edisi Oktober 2024
Publisher : Institut Syekh Abdul Halim Hasan Binjai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59342/jl.v3i2.694

Abstract

A wali ‘adhal refers to a guardian who refuses to allow a woman under his guardianship, who has reached a mature age for marriage, to marry due to certain reasons. The guardian’s refusal is considered valid if the reasons align with syar'i principles, such as religious compatibility (kufu’) and moral integrity. However, if the refusal is not justified according to syar’i law, it is deemed an act of injustice. This article aims to analyze Imam al-Shafi'i’s understanding of the transition from a wali ‘adhal to a state-appointed guardian (wali hakim) in the marriage process, as outlined in the book Al-Umm, particularly in the context of the interpretation of Surah Al-Baqarah, verse 232. The article employs the library research method. The findings indicate that unjust refusal (ke’adhalan) necessitates the transfer of guardianship from a family guardian (wali nasab) to the ruler or state authority. The term “sultan” refers to an individual appointed by the state to handle matters of guardianship, such as a judge (qadhi), state guardian (wali hakim), or the head of the Office of Religious Affairs (Kepala KUA). Ke’adhalan is regarded as a minor sin or an act of injustice by the guardian toward the ward under his care.
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