JHSS (Journal of Humanities and Social Studies)
Vol. 10 No. 03 (2026): JHSS (Journal of Humanities and Social Studies)

Jurisprudence Analysis Of Religious Court Decisions On The Determination Of Guardians Due To Wali 'Adhal In Indonesia (Period 2006 – 2010)

Nurul Rizki Ananda (Institut Agama Islam Negeri Kerinci, Jambi, Indonesia)
Widiya Yul (Institut Agama Islam Negeri Kerinci, Jambi, Indonesia)



Article Info

Publish Date
25 Jul 2025

Abstract

This study aims to analyze the pattern of judges' legal considerations, the factors that cause wali 'adhal, the tendency to form jurisprudence, and the quality of legal reasoning in the decisions of the Religious Courts in Indonesia for the period 2006–2010. The method used is a normative juridical approach with empirical analysis of 124 court decisions. The results of the study showed that most of the requests for the appointment of guardians were granted, which indicates a tendency for consistency of decisions (quasi-jurisprudence). The main factors that cause wali 'adhal are dominated by non-shari'i reasons such as economy, social status, and family conflicts. In terms of legal reasoning, judges use various approaches, namely deductive, teleological, and substantive, although deductive reasoning still dominates. The study also found that although rulings tend to protect women's rights, the quality of legal arguments still needs to be improved to be more comprehensive, contextual, and substantive justice-oriented.

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Journal Info

Abbrev

JHSS

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JHSS (Journal of Humanities and Social Studies) is a journal that publishes scientific papers in the field of humanities and social studies. This Journal, run by Lembaga Penelitian dan Pengabdian Pada Masyarakat, Universitas Pakuan, Bogor. The Journal provides opportunities for scholars to submit ...