Taukil Wali in an Assembly Separate from the Marriage Contract in the Practice of Tumbuk Wali: An Analysis of Wakalah Jurisprudence and Ittihad al-Majlis

Abstract

The practice of tumbuk wali is a local tradition observed in several villages in Ampelgading District, Pemalang Regency, Central Java, Indonesia. This tradition is associated with the belief that a marriage guardian (wali nikah) and a prospective groom who share a particular birth day or weton should not meet in person, as such an encounter is believed to bring misfortune. To avoid this, the bride’s legally entitled guardian (wali nasab) delegates the authority to pronounce the marriage proposal (ijab) to a marriage registrar (penghulu) or another person through taukil wali. In the practice examined in this study, the delegation takes place at a location separate from that of the marriage contract. This study aims to analyse the legal status of taukil wali performed in a separate assembly and to determine whether the difference in location affects the validity of the marriage contract. It employs a normative legal research method using conceptual, statutory, and Islamic jurisprudential approaches. The primary legal materials comprise the Qur’an, Hadith, classical Islamic jurisprudential works, the Compilation of Islamic Law, and Minister of Religious Affairs Regulation No. 30 of 2024 concerning Marriage Registration. The findings indicate that taukil wali constitutes an independent legal act that establishes a representative relationship between the principal (muwakkil) and the agent (wakil), whereas the marriage contract is subsequently performed by the agent under the authority conferred upon them. Accordingly, the principle of ittihad al-majlis does not necessarily require a guardian who has delegated his authority to be physically present in the assembly where the marriage contract is concluded. The assessment of validity should instead focus on the validity of the delegation, the agent’s authority, the continuity of the ijab and qabul, and the fulfilment of the essential elements and conditions of marriage. Indonesian positive law also recognises the performance of ijab by an authorised representative of the guardian and regulates the delegation of authority when the guardian is absent at the time of the marriage contract. Therefore, the difference in location between the taukil wali and the marriage contract does not, in itself, invalidate the marriage, provided that the applicable requirements of Islamic jurisprudence and Indonesian law are fulfilled.