PRAKTEK PERWALIAN DALAM PERNIKAHAN DI KECAMATAN BATIPUH SELATAN

Abstract

This study examines the practice of guardianship in marriages that occur in South Batipuh sub-district, by discussing how guardianship practices occur in South Batipuh sub-district and the reasons accompanied by how views of Islamic law related to the practice of guardianship that occurred in the South Batipuh sub-district. This type of research is a field research, with primary data sources, namely the head of the Office of Religious Affairs, Ulama and Marriage Guardians in South Batipuh District, with data collection techniques using semi-structured interviews and documentation. The results of this study indicate that the majority of what happens is that uncles immediately become guardians when the father is not around, on the grounds that uncles are more entitled to respect the position of uncles in the family and uncles are also more mature than brothers, and uncles are in more prime condition than grandfathers, there are 2 legal conclusions where there are guardian practices that are in line with Islamic principles and there are guardian practices that are contrary to Islamic teachings. The practice of a guardian which is contrary to Islamic teachings occurs when a father is not present and then immediately replaced by an uncle without any excuse from a close guardian first.