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KEDUDUKAN WALI DALAM PERNIKAHAN

Usratuna: Jurnal Hukum Keluarga Islam

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Title KEDUDUKAN WALI DALAM PERNIKAHAN
 
Creator Aini, Siti Maryam Qurrotul
 
Description This paper describes about the position of marriage guardian in the perspective of schools of thought (madzhab). The Muftis have no agreement on the position of guardian in marriage. According to the majority, the guardian in marriage is very important. Therefore the existence of a guardian becomes a legal requirement of marriage, the guardian must be present at the wedding, and getting permission for marriage is not enough. Moreover, the right to make a marriage permission is in the hands of a guardian. However, some other Muftis say that the position of guardian in marriage only as someone who must be asked for permission; not as a legal determinant of a legality of marriage. Thus, according to this second group of Muftis, a woman who has fulfilled certain requirements can carry out her own marriage permission without being accompanied by her guardian. Differences of opinion among the Muftis in determining the position of guardian in marriage one of them is due to differences in istinbath methods. Not only that, the inequality of interpretation and understanding of the verses of the Qur'an also contributes to the different causes of the explanation conveyed. This is reasonable considering that the Qur'an does not regulate the position of the guardian clearly so that they try to reveal the implicit meaning
 
Publisher STAI Darussalam Nganjuk
 
Date 2017-12-02
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ejournal.staida-krempyang.ac.id/index.php/usratuna/article/view/38
 
Source Usratuna: Jurnal Hukum Keluarga Islam; Vol 1 No 1 (2017): Jurnal Hukum Keluarga Islam; 27-46
2597-6680
 
Language eng
 
Relation https://ejournal.staida-krempyang.ac.id/index.php/usratuna/article/view/38/22
 
Rights Copyright (c) 2017 Usratuna: Jurnal Hukum Keluarga Islam
http://creativecommons.org/licenses/by-sa/4.0