Marriage Guardianship in Interfaith Marriages from the Perspective of Madhhab Scholars (Case Study in Ponggok Blitar, East Java)

Abstract

ABSTRACT: The issue of the status and validity of marriage guardianship for girls in interfaith marriages remains a subject of debate in society. The practice of marriage guardianship that occurs in the field is often socially justified, even though it contradicts Islamic law and the views of religious scholars. This situation has implications for the status and validity of marriage, both from the perspective of Islamic law and state law. This study uses a field research approach with descriptive analysis methods, as well as data from Islamic law and fiqh. The results show that, fundamentally, the ulama agree to prohibit marriage guardianship for Muslim women with non-Muslim men, because religious differences are an obstacle to the validity of the marriage contract. However, socially, this practice still occurs on the basis of tolerance and local customs. Case analysis shows that formally valid marriages can only be conducted through the muallaf mechanism, while marriages without a guardian are declared invalid or null and void according to Sharia law. These findings emphasize the importance of increasing public understanding of the law on marriage guardianship for women in interfaith marriages, in order to create legal awareness and certainty regarding marital status.