Delegating Marriage Guardianship to the Buya: An Islamic Legal Review of Taukil Wali Nikah in Kayu Aro Ambai Village, Kerinci

Abstract

This study examines taukil wali nikah, the delegation of a lineage guardian's authority to pronounce the marriage offer (ijab), to a buya, a local religious leader, in Kayu Aro Ambai Village, Kerinci Regency, Indonesia. It describes the practice, identifies its reasons, and assesses it against wakalah in Islamic marriage jurisprudence, the Compilation of Islamic Law (KHI), and Minister of Religious Affairs Regulation No. 20 of 2019. This qualitative field study involved 14 purposively selected informants, namely village officials, customary leaders, a religious leader, and community members. Data from semi-structured interviews, observation, and documentation were analysed thematically and normatively with source triangulation. The guardian delegates the ijab to the buya orally on the wedding day, no more than one hour before the contract; the buya also delivers the marriage sermon, and the marriage registrar attends and records the marriage. The reasons are trust in the buya's religious knowledge, the guardian's lack of confidence in pronouncing the ijab, the bride's request, and inherited custom. The practice can be justified as wakalah and is consistent with Article 28 of the KHI, provided that the authority comes from the entitled guardian, is clearly expressed, and the contract fulfils its pillars and is registered. Joint guidance by the Religious Affairs Office and the buya is recommended.