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All Journal USRAH: Jurnal Hukum Keluarga Islam
Muhammad Yassir
STDI IMAM SYAFI’I Jember
Religion Law, Crime, Criminology & Criminal Justice

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REKONSTRUKSI KONSEP KAFA’AH DALAM PERKAWINAN ADAT MINANGKABAU: ANALISIS MAQASID AL-SYARIAH Vicky Aprilian; Muhammad Yassir
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/3c0bq469

Abstract

This study aims to analyze the concept of kafa'ah in Islamic jurisprudence and its relevance to marriage compatibility practices in Minangkabau society through the perspective of maqasid al-shari'ah. The research employs a qualitative approach through field research in Batusangkar conducted in November-December 2025. Data were collected through in-depth interviews with 12 informants consisting of ninik mamak (traditional elders), religious leaders, married couples, and local academics, then analyzed descriptively-qualitatively using a thematic approach. Results indicate that all respondents (100%) prioritize religion and morals as the primary compatibility criteria, followed by economy (91.7%), lineage and ethnicity (83.3%), mental readiness (58.3%), and education (58.3%). These findings demonstrate strong compatibility between the concept of kafa'ah in Islamic jurisprudence and Minangkabau customary practices. Maqasid al-shari'ah analysis reveals that Minangkabau compatibility practices reflect efforts to preserve the five fundamental objectives of shari'ah: hifz al-din, hifz al-nafs, hifz al-'aql, hifz al-nasl, and hifz al-mal. The philosophy "Adat basandi syarak, syarak basandi Kitabullah" proves to be not merely a slogan but a principle genuinely manifested in partner selection practices, despite shifts in customary values such as weakening ninik mamak authority and reduced emphasis on lineage factors.
HIBAH ORANG TUA KEPADA ANAK SEBAGAI INSTRUMEN PENCEGAHAN SENGKETA WARIS PERSPEKTIF HUKUM ISLAM DI PONTIANAK KOTA HAFIDZ AL GHIFARI; MUHAMMAD YASSIR
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/w4bwtm98

Abstract

This study aims to analyze the normative provisions of hibah (inter vivos gift) in the Qur’an, Sunnah, and the Compilation of Islamic Law (KHI), to describe the practice of parental hibah to children in Pontianak Kota District, and to examine its conformity as an effort to prevent inheritance disputes. The research employs a qualitative approach with a socio-juridical method. Data were collected through in-depth interviews with five parents, five child recipients, and one notary, complemented by observation and document analysis. The findings indicate that hibah is normatively well-grounded in Islamic law and KHI, particularly regarding voluntariness, justice, and the protection of others’ rights. Empirically, community understanding of hibah is relatively adequate, yet its implementation remains limited and varies between informal and formal mechanisms. While most practices fulfill the essential pillars and conditions of hibah, deficiencies are found in transparency, fairness, and legal documentation. This study concludes that hibah can function as a preventive instrument against inheritance disputes, but its effectiveness is conditional upon consistent adherence to principles of justice, transparency, and legal certainty
Co-Authors HAFIDZ AL GHIFARI Vicky Aprilian