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Journal : Jurnal Elsyakhshi

The Effect of Kafa’ah on Marriage from the Perspective of Mashlahah: An Analysis of the Maliki Madhhab Surya, Asmedi; Jaafar, Azhar; Ichsan, Muhammad; Aryanti, Yosi
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.60

Abstract

Hirfah (occupation) is one of the criteria for kafa’ah (compatibility) in marriage according to most schools of Islamic thought. However, the Maliki school of thought does not consider Hirfah essential for kafa’ah. According to Maliki scholars, occupation does not impact the benefit or validity of a marriage. This study aims to analyze the Maliki perspective on Hirfah as a criterion for kafa’ah and its implications for marital benefit. This research uses a qualitative approach with content analysis, this research explores the Maliki school’s stance on kafa’ah criteria in depth. The findings indicate that the Maliki school does not include Hirfah as a criterion for kafa’ah, emphasizing instead that religious compatibility is the principal factor. This position is influenced by the cultural context of Imam Malik’s time, when women’s employment was uncommon. However, in contemporary contexts, many women work prior to marriage, which affects their socioeconomic status and, consequently, community perspectives. This shift has led Hirfah to be increasingly viewed as a relevant factor in assessing kafa’ah and the benefit of marriage today.
Analytical Study of the Development of Islamic Law in Indonesia Hazanah, Natriani; Netti, Misra; Aryanti, Yosi
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.6

Abstract

The study of Islamic law is currently experiencing development, because the impact of developments in science and technology, especially information and communication technology, is taking place rapidly. Changes in society in one place quickly spread to people in other places. The events occurring at this time stimulated the emergence of movements demanding free forms of the Quran and the Prophet's Sunnah, the reopening of the doors of ijtihad, and the abandonment of the doctrine of taqlid. This study uses a qualitative method with content analysis approach, all data taken from various sources are derived from classical holy books, books, theories and expert opinion of Islamic education. The results of this research found the results of the development of Islamic studies during colonial rule, Islamic law in Indonesia during the period of national independence and types of Islamic law and their application. Methods for updating Islamic family law include: Takhshish al-qadha', giving authority to judges, Takhayyur, choosing between opinions within one dominant school, or among four schools, even outside the Sunni school, Re-translating verses of the Quran an and Hadith (retranslation), Siyasah syar'iyyah, determining law based on benefits, Judge's Decision.