Analisis Penetapan Pengadilan Agama Jepara Nomor 024/Pdt.P/2021/Pa.Jepr Tentang Wali Adhal Perspektif Maqashid Syariah

Abstract

The purpose of this research is to find out the considerations and basis of the judges of the Jepara Religious Court in determining the guardian adhal case Number 024/Pdt.P/2021/PA.Jepr and to review the maqasyid sharia perspective. This research uses a type of library research (Library Research), and an approach used is a qualitative approach, the source of the data was obtained from a copy of the decision of the Jepara Religious Court Number 024/pdt.p/2021/pa.jepr regarding wali adhal, data collection techniques carried out by researchers using documentation techniques, data analysis techniques in research by means of Descriptive analysis, namely by trying to describe, explain, and present simple facts and find correlations between one and another. willing to become a marriage guardian is not based on law and is categorized as an adhal guardian, and determines a judge's guardian as a marriage guardian. The basis of the judges of the Jepara Religious Court in the Regulation of the Minister of Religion of the Republic of Indonesia Number 30 of 2005 Concerning the judge's guardian in article 3 paragraph 1 "The head of the Religious Affairs Office (KUA) in the sub-district area concerned is appointed as the judge's guardian to marry the bride and Dan in Compilation Islamic Law (KHI) in article 23 paragraphs 1 and 2. The determination of judges at the Jepara Religious Court according to maqasyid sharia is included in hifzh al-din (preserving religion) and hifzh al-nasl (preserving offspring) because it takes into account the benefits and negates the harm in making decisions on every issue, with these considerations being able to realize good and avoid evil.