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All Journal Al-Mizan (e-Journal)
Nency Dela Oktora
Universitas Islam Negeri Jurai Siwo Lampung, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinterpretasi Wali Adhal oleh Hakim Pengadilan Agama Metro dalam Penetapan Nomor 13/Pdt.P/2025/PA.Mt Siti Setia Ningsih; Nency Dela Oktora
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v22i1.7116

Abstract

This study analyzes the reinterpretation of the obstinate guardian (wali adhal) in the context of legal pluralism, with reference to the Number 13/Pdt.P/2025/PA.Mt at the Metro Religious Court, where his brother, as a guardian, refused to marry his younger sister who was Muslim. The purpose of this study is to formulate a reinterpretation of wali adhal that accommodates the two legal systems within the framework of rechtsvinding (legal discovery). Using empirical legal methods with a qualitative approach through the study of determination documents, in-depth interviews with judges, and customary stakeholders. The results of the study show that the judge reinterpreted wali adhal from a textual-procedural approach to a substantive-teleological approach by operationalizing maqashid al-sharia, hifzh an-nasl (protection of lineage and dignity), and sadd al-dzari’ah (closure of the path of damage). Judges apply rechtsvinding by integrating the principles of non-discrimination and gender equality, establishing guardianship as a legal solutions that protect women’s rights. The judge positioned Islamic law as the primary legal framework, customary law as a cultural consideration, and human rights as a constitutional safeguard in resolving normative conflicts. This research provides a theoretical contribution in the form of an analytical framework of legal pluralism in the jurisprudence of wali adhal, as well as a practical contribution in the form of a foundation for religious courts in handling similar cases in plural areas.
Implikasi Isbat Nikah Terhadap Pemulihan Status Sosial Pada Praktik Pernikahan Anak Tidak Tercatat di Desa Banjarsari Della Marchellina S.; Wahyu Abdul Jafar; Nency Dela Oktora; Seja Riyandani
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v22i1.7576

Abstract

Child marriage remains a persistent issue in Indonesia despite the enactment of Law Number 16 of 2019, which sets the minimum marriage age at 19 years. Previous studies have predominantly focused on the legal status of unregistered marriage and child protection issues, while limited attention has been given to the role of isbat nikah in restoring the social status of families involved in underage unregistered marriages. This study aims to analyze the implications of isbat nikah on social reintegration within rural communities, particularly in Banjarsari Village. This research employs a qualitative case study approach, using interviews, observations, and documentation with families who obtained marriage ratification (isbat nikah) decisions and with village officials. The findings reveal that isbat nikah functions not only as a legal mechanism for administrative recognition but also as an instrument of social reintegration. Legal recognition through court decisions reduces social stigma, strengthens community acceptance, and improves access to civil administration and public services. The study highlights the novelty of viewing isbat nikah not merely as a formal legal procedure but as a socio-legal instrument that restores both legal and social status for families affected by child marriage practices.
Co-Authors Della Marchellina S. Seja Riyandani Siti Setia Ningsih Wahyu Abdul Jafar