Getting married is a happy occasion, but sometimes the process can be challenging and may even cause friction between you and your marriage guardian, so called “Wali Nikah”. You don't have to worry anymore! There's another guardian that might just save the day for you: Wali Adhal.
Before we dive into the concept of Wali Adhal, let's take a moment to clarify who a Wali Nikah is. In Islamic matrimonial law, a Wali is the bride's marriage guardian, typically her father or closest male relative from her paternity line.
Define It!
In Islamic law, a wali is an individual who looks after the interests of another person. In terms of marriage, a wali is typically a male relative who acts as a guardian for a woman during her marriage contract.
A Wali Adhal, on the other hand, is an appointed guardian for marriage by the Religious Affairs Office. They step in when there's a conflict or issues that prevent the intended marriage from happening with the Wali Nikah.
The term "Adhal" is used when this responsibility shifts from the primary guardian, like a father or grandfather, to someone else like an older brother, uncle, or even a judge.
Why Choose a Wali Adhal?
There are several reasons why someone might end-up to using a Wali Adhal in Indonesia. Here are a few common scenarios:
- The Wali Nikah refuses to give consent because he doesn't approve of the groom. This could be due to personal bias, prejudice, or other non-practical reasons.
- The Wali Nikah is absent or not able to perform his duties due to illness, travel, or other limitations.
- Unresolved family disputes that lead to the Wali Nikah declining his role.
How Does It Work?
According to Article 21 of the 1974 Marriage Law, a guardian must provide their consent for a valid marriage contract to exist. However, sometimes guardians can refuse their consent without justifiable reasons, making things complicated. But don't despair; there is a solution within the same law that allows for the appointment of a Wali Adhal.
A Wali Adhal could be appointed as an alternative if your natural guardian is not available, refuses to give consent, or is simply being unreasonable.
In Indonesia, the appointment of a Wali Adhal is perfectly legal. Indonesia's Compilation of Islamic Law Article 22 essentially states that the marriage registry may appoint a Wali Adhal if there are issues with the Wali Nikah giving his blessings for marriage.
However, the process is strictly regulated to ensure it is only used when necessary and not exploited. It aims to safeguard the bride's best interests above all else.
If the guardian unjustly prevents his ward from getting married, Indonesian law allows the court to grant permission for the wedding if it considers the guardian's refusal unwarranted or unjustified. The judge then appoints a Wali Adhal to ensure the continuation of the marriage process.
Wrapping Up
If you find yourself in a situation where your marriage guardian is being annoying or unjust, remember that the law is on your side. By invoking Indonesian Marriage Law and Islamic Law, you can request the court's intervention for the appointment of a Wali Adhal. This would not only satisfy the legal requirements for the marriage contract but also ensure that your best interests are represented during the process.
Remember, marriage is a significant life event. Don't let anyone's unjustified objections sour it for you. The Wali Adhal exists to help bypass any unnecessary hurdles and ensure your journey to matrimonial bliss is smooth sailing!
The role of a Wali Adhal might seem controversial to some, but it provides an important solution for brides facing obstacles in their path to marriage. Whether you're dealing with family disputes, an unapproving guardian, or simply want someone impartial to represent you, considering a Wali Adhal with the legal assistance of Wijaya & Co, could be a beneficial option.
Remember, every situation is unique, so always seek suitable advice and support from experienced legal experts like Wijaya & Co before deciding your next steps.
My name is Asep Wijaya. Thank you for reading my posts!
