Limiting the Right of Marriage Prevention by Negligent Fathers: A Reconstruction of Article 62 of the Islamic Law Compilation from the Perspectives of Al-Qurtubi’s Exegesis and Sadd Al-Dzari’ah

Naela Rosita — 2026-05-08

Article 62, paragraph (2) of the Compilation of Islamic Law provides legitimacy for the right to prevent marriage to fathers who do not perform their duties as family members, or what could be called neglectful fathers. This raises legal issues if this right is abused by fathers to prevent their children from marrying for selfish or materialistic reasons. This study aims to critique Article 62(2) of the Compilation of Islamic Law (KHI) and provide supporting arguments for the reconstruction of the article based on the interpretive perspectives of Al-Qurtubi and Sadd Dzari’ah. The research method applied is juridical-normative with a legislative and conceptual approach. The findings show that there is a legal disharmony between Article 62 Paragraph (2) of the KHI and Article 49 Paragraph (1) of the Marriage Law, which regulates the revocation of parental authority if the parent seriously neglects their obligations to their children and behaves very badly. From the perspective of Imam Al-Qurtubi’s interpretation of Surah An-Nisa:34, the principle of qiwamah interpretation is conditional on financial support and protection, which then implies a basis for limiting guardianship. Meanwhile, from the perspective of Sadd Dzari’ah, granting the right to prevent marriage must be prohibited as a way to close loopholes for abuse of authority and prevent harm (mafsadah) to children. The reconstruction is carried out by removing the permission to grant legitimacy to fathers who do not perform the function of head of the family or by requiring the guardian to prove neglect in court so that the right to prevent marriage can be revoked.

Legitimacy of Wali Hakim in Leadership Succession: Integrating Administrative Law and Wahbah al-Zuḥaylī’s Fiqh

Hamzan Wadi — 2026-09-05

This study examines the legitimacy of the Wali Hakim (marriage guardian) during leadership successions at the Office of Religious Affairs (KUA) in Bululawang, Malang. It explores how administrative authority and Islamic legal representation (niyabah) can be synchronized to ensure legal certainty and religious reassurance for couples. Employing an empirical legal research method with a case study approach, the study collects data through in-depth interviews, field observations, and legal document reviews. The analysis integrates Indonesian administrative law with a reconstruction of transition office practices. Findings reveal that legal risks concentrate in the temporal gap between a decree's effective date, its physical reception, and the formal handover. Crucially, the research identifies that operational legitimacy for signing marriage registers and acting as Wali Hakim rests on the Berita Acara Sertijab (Handover Minutes) as the definitive anchor point, rather than the mere issuance of an appointment decree. To mitigate this, the article proposes an auditable transition SOP featuring internal logs, authority attachments, and synchronized SIMKAH digital access updates. These measures provide a robust template for preventing authority vacuums, ensuring both administrative and syar'i certainty across Indonesian marriage registries.

al-Rasῑkh: Jurnal Hukum Islam

Limiting the Right of Marriage Prevention by Negligent Fathers: A Reconstruction of Article 62 of the Islamic Law Compilation from the Perspectives of Al-Qurtubi’s Exegesis and Sadd Al-Dzari’ah

Legitimacy of Wali Hakim in Leadership Succession: Integrating Administrative Law and Wahbah al-Zuḥaylī’s Fiqh