Qualification of Marriage Guardians Based on Legal Proficiency (Exploring the Concept of Reformulation of Balig and Fair Requirements for Marriage Guardians based on the Perception of the Chief Executive Officer)

Abstract

This study aims to examine the qualifications of marriage guardians based on legal capacity with a focus on the requirements of balig and adil, as well as efforts to reformulate these two requirements in the context of positive law in Indonesia. The background of this research is the legal uncertainty and multiple interpretations of the terms balig and adil used in the legal norms of marriage, which lead to differences in interpretation in the field and potentially hamper the achievement of legal certainty and substantive justice. The research was conducted using a qualitative case study approach in Blitar District through in-depth interviews, observations, and documentation studies. The results showed that the requirements of balig and fairness for marriage guardians have not been expressly regulated in positive law, so that the practice in the field is highly dependent on the subjectivity of the headman. This research recommends the need for simplification of legal language by replacing fiqh terms that have multiple interpretations using modern terms based on objective measures, such as certain age limits, in order to strengthen legal certainty and facilitate the application of norms in society. This reformulation is expected to be in line with maqashid sharia to realize benefit and justice