When you’ve decided to get married in Moslem ceremony, the bride need a marriage guardian called “Wali.” Sometimes, just sometimes, the Wali refuses or is deemed incapable or inappropriate to do his job. In Islamic terms, this situation is called “Wali Adhal.” Under Islamic law, in Indonesia you may get a designated representative appointed to act in the best interest of the bride. Wali Adhal is a concept of guardianship originally from the Sharia law in the marriage process.
Wali as a marriage guardian plays an important part in the wedding process. His job is to protect the bride’s interests. His role also serves as a mediator in a marriage process. Only a few men can be a marriage guardian. They can be the father of the bride, brothers (with paternal line), or the bride’s uncle from her father’s paternity line. The concept of Wali Adhal is effective when the bride’s wali is not in his capacity to perform his duty as a marriage guardian.
The legal basis for having Wali Adhal so your marriage can be carried-out is the Marriage Law of 1974. Article 5 of the Marriage Law imposed that "In the event the bride's wali cannot be found, is absent, sick or legally incompetent to act as a wali, the government-appointed Wali Adhal will act as the wali.” The roles and responsibilities of the Wali Adhal are identical with the guardian in the marriage proceeding. Since Wali Adhal can only be retrieved through government-appointed only, they must supply evidence to show the bride’s wali incompetence. The evidence can be a death certificate, or other documents such as a medical report or any other documents related thereto.
Wijaya & Co handles Wali Adhal as one of their scope of practice. It is one of the legal issues in the area of marriage and family law that Wijaya & Co deals with. It is the provision in Islamic Law that a woman can get married without her marriage guardian and it can only be allowed under strict circumstances.
One of the circumstances that may be applicable to Wali Adhal is where your marriage guardian is not there to give a valid consent. Either he is absent or unable to give his blessing. In the event your father is absent or may be abusive, you may get married without his consent. On another circumstances, your marriage guardian is not acting in your best interest. Your partner may not be his ideal type due to his financial gain or social status.
Wijaya & Co can assist you in seeking to get legally married with the legal framework of Wali Adhal. We can assist you with legal advice regarding certain situations under which the provision of Wali Adhal might be applicable. We can guide you through the proceedings of retrieving any required approval from the Sharia Court in Indonesia.
Wijaya & Co is a perfect partner for you. We can provide you with legal advice on marriage and family law under Islamic Law in Indonesia. Our experience in Wali Adhal, and also our understanding in Islamic Law and Civil Law is somehow comprehensive. This excellent resource can assist you in navigating complex and emotionally charged legal issues. Our commitment in providing ethical, practical, compassionate, and client-centered service ensures you receive effective legal advice that is tailored to your specific needs and goals.
Call us or email us to find out more of what we can do for you.