Praktik Pernikahan Berwakil Wali/Taukil Wali Menurut Perspektif Hukum Keluarga Islam (Studi Kasus Di Kantor Urusan Agama Kec. Tenayan Raya Pekanbaru)

Abstract

Purpose – This study aims to examine the practice of delegating marriage guardianship (taukil wali) in Islamic marriage, particularly in cases where the biological guardian (wali nasab) is still present and physically available. The focus of this research includes exploring the reasons why people choose to delegate guardianship, the Islamic legal perspective on such delegation, and the procedural mechanism for transferring authority to the official guardian (wali hakim) at the Office of Religious Affairs (KUA) in Tenayan Raya District, Pekanbaru..

Methodology – The method used is a normative juridical approach combined with a case study. The normative juridical approach is applied to analyze Islamic legal provisions and statutory regulations related to guardianship in marriage. The case study is conducted to understand the actual practices in the field, using data collection techniques such as interviews with KUA officials, religious leaders, biological guardians, and married couples, as well as analysis of marriage documents.

Findings – The findings reveal that the main reasons for delegating guardianship include practicality, limited understanding of Islamic fiqh regarding guardianship, and strong influence of local customs or traditions. From the Islamic legal perspective, taukil wali is permissible under certain conditions and must follow a formal procedure, including the official appointment of a wali hakim by the authorized officer.

Originality/Novelty – The novelty of this research lies in its contextual analysis of the intersection between formal Islamic law and the lived social realities surrounding the practice of taukil wali in the community

 Implications – The implication of this research is the importance of Islamic family law education and outreach to the public, in order to uphold the validity and sanctity of marriage in accordance with both Islamic principles and national regulations.