Record Details

Hak Ijbar Wali Nikah dalam Kajian Historis Fiqh Shâfi’î

Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman

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Field Value
 
Title Hak Ijbar Wali Nikah dalam Kajian Historis Fiqh Shâfi’î
 
Creator Hidayat, Syaiful
 
Subject Rights Ijbar
Guardian
Historical Study
Syafi’i
 
Description Is currently still found practice of coercion marriages by the guardian (especially father) to his daughter. The imposition of this marriage is more commonly referred to as hak ijbar. Anvil used is an understanding of hak ijbar the inherent certainty for a guardian over her daughter. Are Syafi’i schools seen as dominant calling for hak ijbar based on the behavior Apostle who married ‘Aisyah at age so young and in the absence of discussions between Abu Bakr and ‘Aisyah be a sign of existence hak ijbar. However, as the Indonesian people, beside fiqh also must submit and obedient the laws and all regulations thereunder, including the Islamic Law Compilation (KHI). In Article 72 KHI described; The revocation of a marriage is a marriage without a guardian or trustee executed by unauthorized and marriage carried out by force. This means the hak ijbar not allowed because it constitutes coercion. This issue is interesting to examine the social side, especially the social history of women at the time of priest Syafi’i life. It aims to determine the general condition and position of women in the social institution that has its historical position which will then be used as a prediction projective.
 
Publisher INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)
 
Date 2015-06-01
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
 
Format application/pdf
 
Identifier http://www.jurnal.iaibafa.ac.id/index.php/tafaqquh/article/view/35
10.52431/tafaqquh.v3i1.35
 
Source Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman; Vol. 3 No. 1 (2015): Juni; 01-13
2549-1873
2338-3186
10.52431/tafaqquh.v3i1
 
Language eng
 
Relation http://www.jurnal.iaibafa.ac.id/index.php/tafaqquh/article/view/35/34
 
Rights Copyright (c) 2015 Syaiful Hidayat (Author)