Problematika Penetapan Wali Adlal dalam Pandangan Hukum Islam dan Maqashid Syariah. Analisis Perkara Nomor 10/Pdt.P/2022/PA.Mgt

Pujiani, Tri Retno and Bashori, Yudhi Achmad (2022) Problematika Penetapan Wali Adlal dalam Pandangan Hukum Islam dan Maqashid Syariah. Analisis Perkara Nomor 10/Pdt.P/2022/PA.Mgt. Jurnal Antologi Hukum, 2 (1). ISSN 2809-1078

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Abstract

This study assesses the judgment of the Magetan Religious Court judge case number 10/Pdt.P/2022/PA.Mgt regarding guardian adlal on the grounds that the marriage guardian believes in the Javanese tradition that the first child should not be married to the third child, if violated it will cause things that are not good . The purpose of this study was to determine the analysis of Islamic law on the considerations of the Magetan Religious Court judges and to determine the determination of the analysis of the application of the guardian judge as a substitute for the adlal guardian in case number 10/Pdt.P/2022/PA.Mgt. This research is a research study with the type of literature research with a qualitative approach. From this research, it can be concluded that the correlation between the Qur'an Surah An-Nur verse 32, the Hadith of the Prophet SAW. and the book of I'anatut Thalibin Juz III page 319 on case number 10/Pdt.P/2022/PA.Mgt with this adlal guardian's request has been relevant in the adoption of Islamic law is used in the consideration of Islamic law against the granting of the guardian's application adlal case number 10 / Pdt.P/2022/PA.Mgt and the relationship between the granting of this adlal guardian's request and maqashid sharia in accordance with the five main aspects of maintenance, maintenance of maintenance. If the request is not granted, it can result in things that deviate from the five main aspects of maintenance such as adultery, unregistered marriage, elopement, and others. Meanwhile, between the Petitioner and the Petitioner's prospective husband, there is no legal prohibition against marriage.

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