PENDAPAT PENGHULU TERHADAP PERWALIAN NIKAH ANAK PEREMPUAN YANG DILAHIRKAN AKIBAT PERBUATAN ZINAH (Studi Di KUA Kecamatan Batauga Kabupaten Buton Selatan)

Abstract

This study aims to analyze the views of penghulu (marriage registrars) at the Office of Religious Affairs (KUA) Batauga, South Buton Regency, regarding the marital guardianship (wali nikah) of daughters born as a result of zina (illicit sexual relations). Differences in scholarly opinions on this issue create legal uncertainty, particularly for daughters seeking to marry. This research employs a qualitative method with a case study approach. Data were collected through in-depth interviews with penghulu at KUA Batauga and through document analysis of relevant legislation and literature. The findings indicate that most penghulu at KUA Batauga believe that a daughter born as a result of zina cannot be married off by her biological father, but must be married by a wali hakim (judicial guardian). This view is based on interpretations of Islamic law as well as the applicable legal regulations in Indonesia. It is expected that this study will contribute to a more comprehensive understanding of the issue of marital guardianship for daughters born as a result of zina and its implications for family law practices in Indonesia.