IMPLIKASI PRESIDEN WANITA TERHADAP INSTITUSI WALI HAKIM
Abstract
Islamic personal law ofindonesia makes guardianay one of the conditions for the lawful marriage. According to Shofra school, then are two guardians; family guardianand sultan (government). In Indonesia, the sultan it president that delegate to the appointed official One of conditions of guardian is male. This condition become a problem while Indonesian President is a woman Be coause whenever the guardian is sultan, and the president is o woman, the real guardian is a woman. Irk mine, a woman many of other woman So. one of the conditions of guardian, a male, ins Yfulfilled. To solve this problem is changing Islamic penonal law ofIndonesia/min Sha school to Hancifn school in the case of guardianship. According to Hanafi's school, a woman can many by hers self without guardian The guardian is needed only for marriage of someones that must be under guardianship. like chili* mentally slow personor crazy person. And according to Ilanafi' school. guardian must not be male. A womanlike man can many of someone else. So. by changing Islamic personal law of Indonesia fiom Shafri k school so HimsofiS school in the caw of guardianship, It isnot problem whenefiT !miniumpresident is a woman.