A Legal Review of Wali Adhal in Indramayu Religious Court Ruling Case Number 455/Pdt.P/2024/PA.IM

Abstract

This article examines the perspectives of Islamic law and positive law regarding the issue of wali adhal (a guardian who unjustifiably withholds consent for marriage), based on the Indramayu Religious Court Ruling Number 455/Pdt.P/2024/PA.IM. The issue of wali adhal frequently arises when a biological guardian (wali nasab) refuses to solemnize the marriage of a woman under his guardianship without a reason justified by Sharia; consequently, the right of guardianship shifts to a state-appointed guardian (wali hakim) to ensure the validity and welfare of the marriage. This study employs a normative juridical method, utilizing statutory and case-study approaches. The findings indicate that the judge at the Indramayu Religious Court granted the petition regarding wali adhal after establishing that the biological guardian's refusal was not based on Sharia-compliant grounds but rather on motives outside the provisions of Islamic law. The ruling underscores the importance of protecting women's civil rights and highlights the role of religious courts in resolving guardianship disputes to prevent harm.