The marriage of a pregnant couple that occurs is an attempt to cover up the
consequences of an illicit relationship between a man and a woman that has
occurred. However, this raises several problems regarding the child born from the
marriage in the future, one of which is who will be his guardian when he is born if
the child is a girl.
The focus of the research in this paper is to find out how the local wisdom
of the Banjar community is about knowing the marriage guardian of the daughter
of a pregnant married couple and how the local wisdom synergizes with Islamic
law. The aim is to find out the local wisdom of the Banjar community about
synergizing the marriage guardian of the daughter of the pregnant married couple
with Islamic law.
This type of research is field research using empirical juridical and
phenomenological approaches to explore information about local wisdom using
the methods: observation, interviews, documentation and triangulation which are
finally analyzed in depth.
This study found that the tendency of the Banjarese society that has been
passed down for generations to use local ulema as a reference in determining
guardianship for girls born as a result of adultery. The Ulama are more dominant
in their opinions by the Banjar community than the existing regulations.
Determining the guardianship of the child can be done by calculating the distance
between birth and marriage, if born more than 6 months then his lineage is to his
mother's husband, but if it is less than 6 months then he is not allowed to be
related to his husband but only to his mother and if later he will marry then his
guardianship handed over to the judge