Tinjauan Fikih Munakahat terhadap Keabsahan Pelimpahan Kuasa Perwalian (Wakālah al-Wilāyah) Kepada Wali Hakim: Studi di KUA Kecamatan Malua

A Fiqh Munakahat Review nn The Validity of Guardianship Delegation (Wakālah al-Wilāyah) to A Judicial Guardian: Malua Subdistrict KUA Study

Abstract

This study aims to analyse the legal framework governing the delegation of guardianship authority (wakālah al-wilāyah) to the judicial guardian at the Office of Religious Affairs (KUA) in Malua Sub-district, Enrekang Regency, from the perspective of fiqh al-munakahat. This is a field study employing a qualitative approach that combines normative and empirical methods. Data collection was carried out through observation, interviews, documentation and triangulation, and was subsequently analysed through the stages of data reduction, data presentation and drawing of conclusions. The results of the study indicate that in some marriage cases, the blood-related guardian is still alive and meets the requirements to act as a guardian; however, their guardianship authority is delegated to a judicial guardian through the wakālah mechanism in accordance with applicable procedures. The use of a judicial guardian is, in principle, justified from the perspective of fiqh al-munakahat (marriage law) where there is a valid religious excuse (uzur syar’ī). The practice of delegating guardianship authority (wakālah al-wilāyah) by the marriage guardian to a judicial guardian without a valid religious excuse, as carried out at the Malua Sub-district KUA, does not constitute an absolute transfer of guardianship rights; therefore, the marriage contract remains valid. This study emphasises the importance of public education regarding the law of guardianship in Islamic marriage, as well as the need for the KUA to exercise due diligence when processing the appointment of a judicial guardian.