Judicial Protection of Women’s Marital Rights in Cases of Wali ʿAdhal: A Juridical Analysis of Religious Court Decision No. 028/Pdt.P/2021/PA.Kdr

Abstract

This study examines the implementation of women’s rights protection in cases of wali ʿaḍl through the application of the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), as reflected in Decision Number 028/Pdt.P/2021/PA.Kdr of the Kediri Religious Court. The position of a marriage guardian (wali nikah) in Islamic law is intended as a protective institution; however, in practice, guardianship authority is often misused to obstruct women’s right to marry without valid sharʿī justification. This research employs normative legal methodology using statutory and case approaches, with primary legal materials consisting of court decisions, the Compilation of Islamic Law, Law Number 1 of 1974 on Marriage, and the Regulation of the Minister of Religious Affairs Number 30 of 2005. The findings reveal that the court adopted a substantive justice approach by prioritizing women’s autonomy, dignity, and legal certainty over formalistic guardianship authority. The designation of a judicial guardian (wali hakim) in this case demonstrates the progressive role of the Religious Court in harmonizing Islamic legal principles, human rights norms, and state law. This decision affirms that KHI functions as an effective legal instrument for preventing abuse of guardianship and ensuring women’s fundamental right to marriage within Indonesia’s Islamic legal system.