PROBLEMS OF WALI ADHAL IN RELIGIOUS COURT PROCEDURE LAW CASE STUDY OF WATANSOPPENG RELIGIOUS COURT

PERMASALAHAN WALI ADHAL DALAM HUKUM PROSEDUR PERADILAN AGAMA STUDI KASUS PENGADILAN AGAMA WATANSOPPENG

Abstract

This study discusses the problem of wali adhal in the procedural law of religious courts in Indonesia, especially in the Watansoppeng Religious Court. Guardians who refuse or are reluctant to marry their adult daughters when they still want to get married must submit a request for wali adhal to the Religious Court. Based on the type of data and analysis, the type of research in this writing is field research with a qualitative method, namely by providing a description and understanding of a phenomenon experienced by the subject that actually occurs in the field and is descriptive using a sociological and normative legal approach. This study found several factors that cause wali adhal. These factors include: differences in views or principles between the lineage guardian and the prospective bride, economy, differences in social status, family conflict, so that this factor is considered irrelevant according to the provisions of Islamic law.