Penyimpangan Hak Kewalian Pernikahan: Studi kasus di Kantor Urusan Agama Kec. Lowokwaru Malang

ABSTRACT

Marrage is a contract that permit association and unit righ, and obligation, and helping between a man an awomanthat both of them are not forbidden, A manage can be called as legal when it has full filed requirement and basic principles that have been determined in religion. And law of state, such as in constituition No. 1 year 1974 chaper 2 text 1.

The reqwirementsand the bassic principles in islam they are: 1. future husband and future wife, both of them are moslems, 2. contract (sighat) 3. a guardian (male relative of bride, 4. two witnesses.

KHI as the constitution of moslem that folow Syafi’i trend use guardian as part of the requirements of marrage. The are sequences to defermine the men have righ to be guardians. The farians of guardins can be devided nto family guardians and a judge guardian (if the are no the first).

Besed and Islamic law, if there are no family guardians or if they refuse to be, so a judge guardian replace position of family guardians. But, in KA Lowokwaru distric there is a case that unsuitable with Islamic law. It was a step father could tie a guardian while family guardian was still alive.

The aim of this research is to know factors that raise step fother as one of the guardians in KA Lowokwaru district Malang and the reasons why the institution allow, step father to be a guardian to search the problem, the seaches use description anlyze methode with quantity approach. The searches limit the problem of guardian in merrage.

The result of searching shows that the reasons raise step father as guardian are 1. own father doesn’t give love to his daughteer, 2. own father never give expenses to his daughter since her bith, 3. there is an agreement from own father and there is desire from the bride, 4. the lack of transparation on part of person conemedto KUA and and the lack of accuracy from KUA.