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Universitas Islam Ibrahimy Banyuwangi, Indonesia
Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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RECONSTRUCTION OF THE CONCEPT OF MARITAL GUARDIANSHIP (WALI MUJBIR) IN FATHUL MU'IN PERSPECTIVE OF GENDER JUSTICE IN ISLAMIC FAMILY LAW Ansari
International Conference on Humanity Education and Society (ICHES) Vol. 5 No. 1 (2026): The 5th International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Abstract

This research is motivated by the still strong traditional understanding in the Book of Fathul Mu'in regarding the concept of wali mujbir which gives full authority to the wali to marry his daughter without consent, on the grounds of maintaining the honor and benefit of the family. However, in the context of contemporary Islamic family law, this interpretation raises the issue of gender justice because it has the potential to negate women's right to freedom of choice of life partner. Therefore, this study aims to reconstruct the concept of wali mujbir so that it is in line with the values of maqasid al-shari'ah, especially the principles of justice (al-'adl), equality (al-musawah), and benefit (al-maslaḥah). The method used is qualitative research with a normative-hermeneutic approach, namely examining the classical fiqh text of Fathul Mu'in contextually. The data collection technique is carried out through library research by studying, identifying, and analyzing these legal sources systematically. Meanwhile, data analysis uses content analysis and maqasid-based interpretation methods and analyzes its relevance to the development of Islamic legal thought and modern gender justice theory. The results of the study show that the right of ijbar in guardianship is not an absolute authority, but a moral responsibility that must consider the willingness (ridha) and benefit of the bride-to-be. This reconstruction affirms the importance of a guardianship that is fair, egalitarian, and respectful of women's rights as a form of Islamic family law reform that is responsive to the values of social justice and gender equality.
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