PENGHULU SEBAGAI WALI HAKIM DALAM AKAD NIKAH Studi Terhadap Penghulu Kantor Urusan Agama di Wilayah Kota Yogyakarta

Abstract

Penghulu is a civil servant posted in the Office or Religious Affairs who has an obligation to become an marriage registrar. Despite as a marriage registrar, on behalf of the state, penghulu also has a duty to become marriage guardian (wali hakim) of bride candidate who does not have marriage guardian or the guardian refuses to become her guardian (taukil wali). This paper comes to visit the practice of taukil wali and wali hakim among marriage registrars in Yogyakarta. Based on phenomenological perspective and focusing on the reasons behind the practice of taukil wali and wali hakim, this article argued that there are two varians of taukil wali, e.i. tawkīl wali bi al-lisān and tawkīl wali bi al-kitābah. Meanwhile, some reasons behind the practice of wali hakim are: the bride candidate does not have lineage guardian, missing guardian (mafqūd), the guardian rejects to wed the bride, and the guardian has legal obstacles.