Akad Nikah dengan Wali Nasab Fasik pada Masyarakat Pidie Jaya Menurut Perspektif Hukum Islam

Abstract

This research examines the practice of marriage contracts involving Jasik nasab guardians within the Pidie Jaya community from the perspective of Islamic Law. A Jasik nasab guardian is one who commits major sins and fails to meet the justice requirements as stipulated in Islamic Law. The issues addressed in this study include the regulation of marriage contracts with Jasik nasab guardians under Islamic Law, the implementation of marriage with the assistance of a hakim guardian replacing the Jasik nasab guardian in Pidie Jaya Regency, and the legal consequences of marriages involving Jasik nasab guardians in Pidie Jaya Regency. The research employs an empirical juridical method with a descriptive analytical approach. Data were collected through interviews with KUA officials and community leaders, as well as through the review of documents related to Islamic marriage law and Islamic jurisprudence. The findings indicate that, under Islamic Law, a Jasik nasab guardian does not qualify as a valid marriage guardian and must be replaced by a hakim guardian. While the practice of marriage in Pidie Jaya using a hakim guardian as a substitute for the Jasik nasab guardian has been implemented, further socialization is required to enhance public understanding. The legal consequences of marriages with Jasik nasab guardians include the invalidity of the marriage and potential legal conflicts concerning the status of children and marital assets. · This study aims to contribute to the development of Islamic legal knowledge, particularly in the practice of marriage within communities that have Jasik nasab guardians. It also provides recommendations for KUA officials and the community on addressing these issues.