THE LATEST DYNAMICS OF ISLAMIC FAMILY LAW IN THE CONTEXT OF MUTILATION OF WALI IJBAR IN THE RULES OF INDONESIAN MARRIAGE LAW FROM A SOCIOLEGAL PERSPECTIVE
The prestige of the concept of Guardians who can marry off girls without the permission of the child has begun to fade, how not Law No. 1 of 1974 concerning marriage Article 6 paragraph (1): marriage is based on the consent of the bride and groom, in the Compilation of Islamic Law Inpers No. 1 of 1991 article 16 Paragraph (1): marriage is based on the consent of the prospective bride, and (2) the form of consent of the bride, can be in the form of a firm and real statement in writing, oral and gestures but can also be silent in the language of meaning as long as there is no explicit refusal, Law no 7 of 1984 ratification of the convention for the elimination of all forms of discrimination against women article 16: prohibition of children and prohibition of forced marriage, as well as Law no 12 of 2022 concerning criminal acts of Sexual Violence article 10 forced marriage as a form of sexual violence. Looking at the data above, Ijbar guardians are very irrelevant, This paper will look at this phenomenon with a sociolegal perspective. There are two important questions: first, how is the Context of Mutilation of Ijbar Guardians in the Legal Rules of Marriage in Indonesia (actors, networks, and strategies)? With normative sociological research methods to read the study of the Context of Mutilation of Wali Ijbar in the Legal Rules of Marriage in Indonesia (actors, networks and strategies) and secondly Mutilation of Wali Ijbar in the Legal Rules of Marriage in Indonesia from a sociolegal perspective, the results of this study are to provide an overview related to the study of Mutilation of Wali Ijbar in the Legal Rules of Marriage in Indonesia from a sociolegal perspective and see actors, networks and strategies.