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Efforts by the Penghulu to Prevent the Appointment of a Wali hakim Through Mediation in Wali ‘adhal Cases: A Sociological Perspective on Islamic Law in Harau Subdistrict

Year: 2026
Type: article
Abstract: The cases involving a wali ‘adhal or reluctant guardian are resolved normatively through the appointment of a wali hakim by the Religious Court to replace the biological guardian; however, the KUA Harau Subdistrict seeks to prevent such an appointment through mediation facilitated by the Penghulu. This study aims to analyze the role of the penghulu as a mediator, the success of mediation in preventing wali ‘adhal cases from being filed with the Religious Court, and to examine their resolution from the perspective of Islamic legal sociology. This is a field study with primary data sources from penghulus serving at the KUA, as well as secondary data from various relevant books and journals. Data collection was conducted through in-depth interviews with the Penghulus and analyzed descriptively. The results show that religious officials play an active role in clarifying issues, seeking clarification (tabayun), providing counsel, and mediating between the parties before cases are referred to the Religious Court. They also evaluate the grounds for rejecting a wali (guardian) based on Islamic law, where religiously valid (syar’i) reasons are accepted, while emotional or subjective reasons are addressed through persuasive and family-oriented approaches. The mediation process was deemed quite successful because it facilitated communication, reduced conflict, and maintained family harmony without the need for litigation. From the perspective of Islamic legal sociology, cases involving the reluctant guardian are influenced by social factors such as economic status, education, customs, and family conflicts.
Language: English
Subfield: Law
Open Access status: hybrid
OpenAlex ID: W7225682464
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