KEDUDUKAN WALI BAGI ANAK PEREMPUAN YANG LAHIR DI LUAR NIKAH MENURUT TOKOH MASYARAKAT (Studi Kasus di Ds. Watugaluh, Kec. Diwek, Kab. Jombang)

Abstract

ABSTRACT
This study discusses the marriage guardian for daughters born out of wedlock from
the perspective of community leaders in Watugaluh Village. The issue arises from
differing public understandings regarding the position of the biological father as a
marriage guardian. Some people consider the biological father entitled to act as the
marriage guardian, whereas according to Islamic jurisprudence, a child born out of
wedlock only has a lineage relationship with the mother and the mother's family;
therefore, the appropriate marriage guardian is a judicial guardian. This study aims
to examine the views of community leaders as well as the challenges and solutions
related to the implementation of marriage guardianship for daughters born out of
wedlock. The research employed a qualitative method with a descriptive approach.
Data were collected through interviews, observations, and documentation involving
religious leaders, community leaders, and other relevant parties in Watugaluh
Village. The findings indicate that the biological father does not have the right to act
as the marriage guardian because there is no recognized lineage relationship
according to Islamic law. Therefore, the marriage guardian used is a judicial
guardian in accordance with the Shafi’i school of jurisprudence and the Compilation
of Islamic Law. The challenges identified include limited public understanding,
family-related social factors, and feelings of shame experienced by family members.
The solutions implemented include providing religious education and involving the
Office of Religious Affairs to ensure that marriage procedures remain in accordance
with Islamic teachings and applicable legal regulations.