PROSES PERKAWINAN ANAK DI LUAR NIKAH; STUDI KASUS DI KANTOR URUSAN AGAMA KECAMATAN SARANG 2

Abstract

Marriage is one of the religious practices prescribed by Islam, ordained by Allah SWT, and encouraged by
the Prophet Muhammad SAW. It serves as a means to preserve lineage and ensure the continuation of
generations in a manner sanctioned by Islamic law. The validity of a marriage depends on the fulfillment of
specific conditions and requirements, one of which is the presence of a guardian, or wali, referred to as wali
nikah. A marriage officiant, known as the penghulu, must take the issue of guardianship seriously and
cannot make arbitrary decisions in determining the wali nikah. This study aims to analyze the procedures
for determining the wali nikah for daughters born outside of marriage at the Office of Religious Affairs
(Kantor Urusan Agama, KUA) in Sarang 2, Lodan Wetan Village, Sarang District, Rembang Regency.
An empirical legal research approach is used, involving field research to gain insight into the practical
application of law in society. Data were collected through direct interviews with KUA officials, observations,
and documentation. Primary data were obtained from interviews and observations, while secondary data
were gathered from journals, books, the Quran, Hadith, and other relevant references. The analytical
method employed is qualitative, with an inductive and descriptive approach. The results of this study
indicate that in determining the wali nikah for daughters born outside of marriage, KUA Sarang 2 adheres
to Islamic law and fiqh guidelines. At KUA Sarang 2, the role of the wali in marriage is to ensure its
validity, with the closest male relative, known as wali nasab, serving as the legitimate wali for the bride.
However, if the wali nasab cannot be present or does not meet the requirements, the role of the wali is
assumed by the wali hakim, represented by the head of the KUA. The use of the wali hakim occurs after
document verification and interviews to confirm the legitimacy of guardianship status. If a child is born less
than six months after the parents' marriage, the wali nikah is assigned to the wali hakim, as the child has
lineage only with the mother. This aligns with the view of Imam Shafi'i, who emphasizes that a biological
father cannot serve as wali if the birth occurs within six months of marriage. However, this differs from the
Compilation of Islamic Law (KHI), which states that a father can act as wali nikah for a child born out of
wedlock, regardless of the marriage duration. KUA Sarang 2 also uses authentic data in determining the
wali nikah, especially in cases where an unregistered marriage (nikah siri) has taken place. This research is
expected to provide insight for the community and relevant stakeholders regarding the provisions and
procedures for determining wali nikah, as well as KUA's contribution in maintaining the quality of
religious services.