<![CDATA[ABSTRACTThis study discusses the marriage guardian for daughters born out of wedlock fromthe perspective of community leaders in Watugaluh Village. The issue arises fromdiffering public understandings regarding the position of the biological father as amarriage guardian. Some people consider the biological father entitled to act as themarriage guardian, whereas according to Islamic jurisprudence, a child born out ofwedlock only has a lineage relationship with the mother and the mother's family;therefore, the appropriate marriage guardian is a judicial guardian. This study aimsto examine the views of community leaders as well as the challenges and solutionsrelated to the implementation of marriage guardianship for daughters born out ofwedlock. The research employed a qualitative method with a descriptive approach.Data were collected through interviews, observations, and documentation involvingreligious leaders, community leaders, and other relevant parties in WatugaluhVillage. The findings indicate that the biological father does not have the right to actas the marriage guardian because there is no recognized lineage relationshipaccording to Islamic law. Therefore, the marriage guardian used is a judicialguardian in accordance with the Shafi’i school of jurisprudence and the Compilationof Islamic Law. The challenges identified include limited public understanding,family-related social factors, and feelings of shame experienced by family members.The solutions implemented include providing religious education and involving theOffice of Religious Affairs to ensure that marriage procedures remain in accordancewith Islamic teachings and applicable legal regulations.]]>
Copyrights © 2026
