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Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-4 | Issue-02 | 109-113
Original Research Article
Regulation and Implementation of Wali Adhol in Practice at the Religious Courts
Nursaidah, Mahmutarom HR, Akhmad Khisni
Published : Feb. 25, 2019
DOI : 10.21276/sjhss.2019.4.2.6
Abstract
"Wali" in marriage is a pillar which should be fulfilled for prospective brides as in Article 19 through 23 Islamic Law Compilation and Article 18 of Regulation of the Minister of Religion Number 11 the Year 2007 on Marriage Registration. The necessity of a guardian (Wali) in marriage is basically an agreement of the majority of scholars, except the Hanafiyah schools that do not require a guardianship (Wali) for women, because Wali of marriage is harmonious, then marriage without her guardian marriage is invalid. Article 2 of Law Number 3 the Year 2006 on Religious Court states that Religious Courts are one of the perpetrators of judicial power for the people of Islamic justice seekers on certain cases, as referred to in this Law include certain cases in the term of application for a guardian's determination (Wali Adhol). In practice, Wali Adhol case is classified as a volunteer who only involves the prospective bride as a Petitioner without any other party made to the applicant. Regulations and Implementation of Wali Adhol's determination in the practice of execution in the Religious Courts are based on Book II Guidelines for Implementation of Duties and Administrative Courts MARI Dirjen Badilag page 139 Letter C “Wali Adhol” at point 4 that the case of Wali Adhol is Volunteer with the legal product of determination. This research uses a socio-legal research approach covering two main aspects: (i) legal research aspect, that is, research object remains a law in the meaning of "norms" of law, rule, principle, concept, theory, and doctrine of law; (ii) socio-research aspects, namely the use of methods and theories of social sciences about the law to assist researchers in an analysis.
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