KEABSAHAN PRAKTIK PERKAWINAN MENGGUNAKAN WALI MUHAKKAM DALAM PERSPEKTIF HUKUM ISLAM DAN UU PERKAWINAN NOMOR 1 TAHUN 1974

Abstract

Guardian is one of the pillars that must be fulfilled in marriage. The guardian must be present at the marriage contract assembly which is tasked with carrying out the marriage ceremony. The guardian's approval is expected by the bride. However, if the marriage guardian does not agree, the bride and groom are allowed to appoint a muhakkam guardian. Meanwhile, the aim of this research is to determine the validity of the practice of marriage using muhakkam guardians carried out in Jombang District from a review of Islamic law and the marriage law No. 01 of 1974 regarding the legality of marriage practices using muhakkam guardians. This type of research is qualitative research. The data used as research material was obtained from cases in the community. Data mining techniques through interviews are based on primary data, namely the perpetrator, the perpetrator's family, religious figures and related community figures, data mining is supported by secondary data, namely through books related to this research. The approach in this research uses a normative approach. The data collected from library research were analyzed using descriptive analysis. The results of this research are, first, the practice of marriage using muhakkam guardians in Jombang sub-district, Jombang district, is carried out with the help of a team of individuals who facilitate it in fulfilling the requirements for harmony in marriage. Second, the negative and positive impacts of the practice of marriage using muhakkam guardians cannot be avoided but can be reduced by wisely considering implementing Islamic law in the form of marriage even though there is a risk of being shunned by the family. Third, the practice of marriage using a muhakkam guardian, in terms of Islamic law, has legal validity because it fulfills the requirements for harmony in marriage. But judging from the marriage law No. 01 of 1974 does not go through State regulatory procedures as PMA No. 02 of 2017 concerning the Appointment of Judges so that the appointment of muhakkam guardians is not justified by State law.