Analisis Yuridis Pelaksanaan Pernikahan dengan Wali Hakim karena Wali Ghaib di Kantor Urusan Agama (KUA) Kecamatan Banjarbaru Selatan

Abstract

This study analyzes the implementation of marriage with a judicial guardian (wali hakim) due to the absence of a biological guardian (wali ghaib) at the Office of Religious Affairs (KUA) of South Banjarbaru District. The research focuses on examining the conformity of wali hakim practices with Islamic law and Indonesian positive law, as well as their relevance to the principles of maqāṣid al-syarī‘ah. Using a qualitative juridical-empirical approach, data were collected through interviews, observation, and document analysis at the KUA. The findings reveal that the implementation of wali hakim in South Banjarbaru complies with legal procedures stipulated in the Compilation of Islamic Law and Minister of Religious Affairs Regulation No. 30 of 2024. The wali hakim is appointed in cases where the biological guardian is absent, refuses without valid reason, or is legally disqualified, following strict administrative and substantive verification. From the perspective of maqāṣid al-syarī‘ah, this mechanism ensures the protection of women’s rights (ḥifẓ al-nasl and ḥifẓ al-‘ird) and reflects the state’s responsibility to uphold justice and public welfare. Despite challenges such as low public legal awareness, KUA’s continuous legal education efforts have strengthened the legitimacy of wali hakim as a lawful and beneficial instrument within Indonesia’s Islamic family law system.