Penetapan Wali Hakim Dalam Perkawinan Prespektif Hukum Islam Di Kantor Urusan Agama Kecamatan Polokarto, Kabupaten Sukoharjo

Abstract

This study aims to analyze the practice of appointing a legal guardian in marriages at the Office of Religious Affairs (KUA) in Polokarto District, Sukoharjo Regency, during the 2020–2023 period and identify factors influencing variations in these appointments. This research employed a qualitative approach with a case study method. Data collection was obtained through in-depth interviews with marriage registrars (penghulu), KUA staff, and couples who married using a legal guardian, accompanied by a review of relevant documents and regulations. The results indicate that the appointment of a legal guardian is carried out in accordance with the provisions of the Compilation of Islamic Law and the Regulation of the Minister of Religious Affairs, particularly in situations where a legal guardian is absent, the guardian refuses, or does not meet the requirements. However, in practice, variations in the appointment are found, influenced by the penghulu's understanding, the sociological conditions of the family, and local culture, which still places a dominant role on the male relative. This study emphasizes the importance of improving administrative consistency and public legal education to minimize overly interpretive practices in appointing legal guardians.