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All Journal AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Widia Usada
Universitas Islam Negeri Sumatera Utara
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kedudukan Wali Fasik Dalam Akad Nikah Menurut Fiqh Klasik Dan Relevansinya Dengan Praktik Perkawinan Kontemporer Widia Usada; Muhammad Amar Adly
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 1 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

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Abstract

This study aims to analyze the position of the fasik guardian in the validity of marriage contracts according to classical fiqh and examine its relevance to contemporary marriage practices in Indonesia. The background of this study is based on the tension between the normative provisions of classical fiqh, which require the guardian to be just, and the social reality of modern society, where the guardian still often plays a role in marriage contracts that are performed and recorded by the state. This study uses a qualitative method with a legal-normative approach through a literature study of classical fiqh books, particularly the book Fathul Mu'in bi Syarhi Qurratil 'Ain, as well as contemporary Islamic legislation and legal literature. The results show that in classical fiqh, a fasik guardian does not, in principle, meet the requirements of justice, so that his guardianship is disputed among scholars, but repentance is seen as being able to erase fasik and restore guardianship rights under certain conditions. Furthermore, the concept of a fasik guardian in classical fiqh remains normatively relevant in contemporary marriage practices, but requires a contextual approach to be in line with the marriage registration system and the need for legal certainty and public interest in Indonesia.Keyword: Classical fiqh, Contemporary marriage, Legal certainty, Marriage contract, Fāsiq guardian
The Narrative of Support and Opposition Among Social Media Users Towards Polygamy Content: An Exegetical Analysis of QS. An-Nisā' Verse 3 Widia Usada; Muhammad Zikri
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 2, No 2 (2025): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v2i2.30779

Abstract

This study aims to analyse the meaning and law of polygamy from the perspective of the Qur'an, based on the interpretation of QS. An-Nisa verse 3. The issues examined in this study concern how the concept of polygamy is understood in Islam and how the principle of justice is applied in practice in accordance with sharia guidance. This study uses a qualitative method with a library research approach and a thematic tafsir method, with the main sources being the Qur'an and various classical and contemporary tafsir works such as Tafsir Al-Maraghi, Tafsir Al-Manar, Tafsir Al-Mishbah, and Tafsir Ibn Kathir. The results of the study show that QS. An-Nisa verse 3 does not encourage polygamy, but merely permits it under certain conditions, with the main requirement being the ability to act justly, both physically and spiritually. The discussion shows that polygamy in Islam is a form of concession aimed at safeguarding social and moral welfare, not at satisfying carnal desire. In conclusion, polygamy in Islam is permitted to a limited extent, accompanied by a great responsibility to uphold justice and avoid harm, in accordance with the principle of maqāṣid al-sharī'ah.
Co-Authors Muhammad Amar Adly Muhammad Zikri