Wakalah Wali dalam Pemenuhan Syarat Wali Nikah Perspektif Maslahah Mursalah

Abstract

In Islamic law, a wali (guardian) holds the authority to marry off a woman under his care. Under certain conditions, this guardianship can be delegated (wakalah). The practice of wakalah wali in marriage is recognized both in Islamic jurisprudence (fiqh) and in statutory regulations. At the KUA (Religious Affairs Office) of Diwek, this delegation is commonly used as a means to fulfill the requirements for a valid marriage guardian. Wakalah serves as a practical solution when a wali is unable to perform his duty due to various factors. This study aims to examine cases involving wakalah wali at the KUA Diwek and analyze them from the perspective of Islamic law, particularly using the Maslahah Mursalah approach, to determine whether delegating guardianship under such circumstances provides benefit and public interest (maslahah). The research employs an empirical field method within the scope of KUA Diwek and adopts an Islamic legal approach to analyze the issue from the Maslahah Mursalah viewpoint. The findings reveal four key situations: the wali is incapacitated (udzur), geographically distant from the wedding location, feels unworthy or inexperienced, or is unwilling to conduct the marriage. The study concludes that wakalah wali can serve as an effective solution in such cases without requiring a transfer of guardianship or the appointment of a wali hakim, provided the process complies with existing legal procedures.