Mitsaqan Ghalizan
Vol. 5 No. 2 (2025): Mitsaqan Ghalizan

KONSEP WALI ‘ADHAL DALAM KASUS PENOLAKAN WALI KARENA FAKTOR NASAB: ANALISIS YURIDIS TERHADAP PUTUSAN PENGADILAN AGAMA PALANGKARAYA

Rizqa Ainni, Maisya (Unknown)



Article Info

Publish Date
08 Dec 2025

Abstract

This article provides a juridical analysis of guardians’ refusal based on lineage considerations within the framework of Islamic law and Indonesian positive law through the case study of a decision issued by the Palangkaraya Religious Court. The refusal of a guardian (wali) to permit the marriage of a woman under his guardianship without valid Islamic grounds especially due to differences of social or lineage status constitutes aḍhal behavior that violates the woman’s right to choose her spouse. Using a normative legal approach combined with a case analysis of the court’s decision, this study demonstrates that Islamic law, the Compilation of Islamic Law (KHI), and national legislation provide strong protections for women’s rights, including the use of wali hakim as an institutional remedy for aḍhal guardians. The court’s reasoning confirms that lineage considerations cannot be used as legitimate grounds for rejecting marriage consent. The article concludes that the judiciary plays an essential role in ensuring justice and safeguarding women’s autonomy, while societal reinterpretation is needed to eliminate discriminatory practices in marriage.

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Journal Info

Abbrev

jmg

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Mitsaqan Ghalizan is a Scientific Journal managed by the Department of Islamic Law (Al Ahwal Al Syakhsiyah), Faculty of Islamic Studies Universitas Muhammadiyah Palangkaraya, and published twice a year (in June and December) by the Institute for Researches and Community Services Universitas ...