The position of religious marriage guardians (wali muhakkam) in Islamic law and Indonesian positive law: Analysis of decision number 935/pdt.p/2024/pa.gm

Ayang Afira Anugerahayu and Muhammad Rifaldi Setiawan
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Ayang Afira Anugerahayu: UNIVERSITAS MATARAM
Muhammad Rifaldi Setiawan: UNIVERSITAS MATARAM

Priviet Social Sciences Journal, 2026, vol. 6, issue 1, 498-506

Abstract: The existence of a marriage guardian ( wali nikah ) constitutes an essential pillar of marriage that must be fulfilled for a prospective bride under Islamic law and Indonesian positive law. However, in practice, there are marriages conducted without a lineage guardian ( wali nasab ) or a judicial guardian ( wali hakim ), instead utilizing a guardian from among religious figures or Islamic scholars ( ustadz ), commonly referred to as wali muhakkam . This practice is not regulated by the Compilation of Islamic Law ( Kompilasi Hukum Islam ), resulting in legal uncertainty. This article analyzes the legal standing of religious figure guardians and their sharī ʿ ah and juridical foundations through a case study of the Decision of the Giri Menang Religious Court Number 935/Pdt. P/2024/PA.GM, which validated a marriage officiated by an ustadz acting as wali muhakkam . This study employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that, from a fiqh perspective, the appointment of a wali muhakkam may be justified under emergency conditions, whereas under positive law, its existence only attains legal legitimacy through the mechanism of marriage legalization ( nikah isbat ). The analyzed decision demonstrates a degree of legal adaptability in accommodating social realities based on the principle of maslahah . Therefore, reconstructing the regulation concerning marriage guardians in national law is necessary to ensure that the practice of wali muhakkam no longer remains within a legal gray area.

Keywords: marriage guardian; judge guardian; guardian muhakkam; marriage legalization (search for similar items in EconPapers)
Date: 2026
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DOI: 10.55942/pssj.v6i1.1134

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