As-Sakinah Jurnal Hukum Keluarga Islam

Pendapat empat imam madzhab tentang wali nikah wanita

Abu Bakar — 2023-10-29

The validity of female guardians is still a controversy in Islamic law. According to the majority of scholars of the Maliki, Shafi'i and Hambali Mazhabs, female guardians are not allowed in the sense that the marriage is invalida This type of thesis research is literature or (Library research), which is descriptive analysis. The data collection technique is documentation, namely by searching and collecting books and books, especially those related to the study of this problem. It is concluded that according to the Maliki, Shafi and Hambali Madhhabs, a guardian is required in a woman's marriage contract, while according to the Hanafi Madhhab, it is permissible not to have a guardian in a woman's marriage contract on the condition that the husband is suited and the dowry is in accordance with the surrounding community.

Anak menjadi wali nikah ibu perspektif hukum islam

siti mutmainnah — 2023-10-29

The case in Sumberpoh Village, Maron Sub-district, Probolinggo Regency, there was a siri marriage between a widow and a widower. The researcher has conducted a pre-survey in Sumberpoh by interviewing Mrs. Tun as a relative who was present at the marriage contract between Mrs. S and Mr. I. Where the marriage between Mrs. S and Mr. I who acts as a marriage guardian is not included in the order of guardians in accordance with what is listed in KHI, but the one who acts as a marriage guardian is the son of Mrs. S with the initials F, because indeed Mrs. S is a widow with 1 child. The author uses the type of field research. This research was conducted in Sumberpoh Village, Maron District, Probolinggo. The majority of scholars are of the opinion that women cannot marry themselves or marry others. Shafi'i, Maliki, and Hambali are of the opinion that if a woman who has reached puberty and has the right to marry herself is still a girl, then it is the guardian who has the right to marry her. But if she is a widow, then the right lies with both of them. So for the status of a widow she has more rights over herself, meaning that a widow when getting married is allowed without a guardian.

Studi komparasi Undang-undang perkawinan No. 1 Tahun 1974dan imam madzhab tentang wali adhol

Mufidus Shobur — 2023-10-29

Wali adhol is a guardian who is reluctant to marry a woman who has reached puberty and has the right mind with a man of his choice even though each prospective bride wants her marriage to take place immediately. This research has two discussions, First: The nature of wali adhol according to Marriage Law Number 1 of 1974 and the opinion of the madzhab imams. Second: How is the law of wali adhol according to Marriage Law Number 1 of 1974 and the opinions of the madzhab imams. The results of this study can be concluded that Marriage Law Number 1 of 1974 is in line with the opinion of the majority of scholars, namely if the nasab guardian is adhol for reasons that are not shar'i or reasons that are not based on Islamic law, then the marriage of the bride-to-be using a judge's guardian is legal, considering that in the view of the Shafi'i madzhab and the majority of scholars state that the judge's guardian can function as a substitute for the nasab guardian and his status is not a representative of the nasab guardian due to emergency reasons.

Wali mujbir perspektif Undang-undang No. 1 Tahun 1974 dan hukum islam

Imam Syafii — 2023-10-29

Marriage is an important thing in the reality of human life. With marriage, households can be upheld and fostered in accordance with religious norms and community life. According to Law Number 1 of 1974, the definition of marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. According to the opinion of the Shafi'iyah scholars, a marriage is not valid without a guardian for the woman, while for men no guardian is needed. The author uses normative qualitative methods with library research data collection methods to obtain data in this study. Based on the results of the research, it can be concluded that the position of the mujbir guardian in Islamic marriage law is based on considerations for the good of the girl being married, because it often happens that a girl is not good at choosing her soul mate appropriately. If the girl is released to choose her own mate, it is feared that it will bring harm to the girl herself in the future, for example in terms of religious maintenance, and so on.

Studi komparasi pemikiran Imam Syafi’i dan Imam Hanafi tentang wali mujbir

Vreede Intang Chaosa — 2023-10-29

Imam Shafi'i stated that as long as the daughter still has the status of al-bikr (girl) then the right of a guardian still exists, the limit of al-bikr (girl) according to Imam Shafi'i is that as long as the woman has never had sex (jima'), even though she has sex by adultery then the person is not punished by al-bikr (girl) anymore, this statement of Imam Shafi'i includes a girl who is divorced by her husband but has never been (qobla dukhul), because in essence the woman still has the status of al-bikr (girl) Researchers use data collection methods with documentation techniques. After obtaining the necessary data, then the data is analyzed by comparative analysis methods. With the comparative study of the opinions and methods of legal istinbat used by Imam Hanafi and Imam Shafi'i about wali mujbir. The methods of istinbat wali mujbir used by Imam Shafi'i are the Qur'an, sunnah and qiyas, while the legal istinbat methodsused by Imam Hanafi in the matter of wali mujbir are the Qur'an, sunnah and 'Urf. The Illat used by Imam Shafi'i is bikr (virginity), while the Illat used by Imam Hanafi in the concept of ijbar guardianship is ghairu aqilah. Because the woman in those circumstances is incapable of acting something for herself.