Ahmad Fikri Naufal
Sunan Giri University, Sidoarjo, Indonesia

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Kinship Endogamy and the Purpose of Marriage: A Maqāṣid-Based Reinterpretation of Kafā'ah al-Nasab in Abū Bakr al-Dimyāṭī's Iʿānat al-Ṭālibīn Ahmad Fikri Naufal
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i2.3334

Abstract

This study examines the conceptual tension between kinship endogamy and the purposes of marriage in Islamic law through a close reading of kafā'ah al-nasab in Abū Bakr al-Dimyāṭī's Iʿānat al-Ṭālibīn, read alongside the wider Shāfiʿī ḥāshiyah tradition on Fatḥ al-Muʿīn (al-Malībārī, al-Bujayrimī, al-Jamal) and al-Nawawī's independent formulations. Marriage in Islamic legal thought serves religious, reproductive, ethical, and familial purposes as well as social ones; this study isolates the social dimension for analysis rather than treating it as marriage's single universal purpose. Using library research with a textual-contextual and intertextual method, the study first separates statements shared across the ḥāshiyah tradition from formulations distinctive to al-Dimyāṭī, then reads the coded material through Jasser Auda's systems approach to maqāṣid al-sharīʿah, with ḥifẓ al-nasl (preservation of lineage) as the primary maqṣad at stake. The analysis shows that al-Dimyāṭī's own text treats nasab-based kafā'ah as a waivable protective right (isqāṭ) rather than an absolute condition, and only gestures toward marriage outside the kinship circle through a caution against ḍaʿf al-shahwah; the broader claim that marriage functions to expand social relations (ittiṣāl al-qabāʾil) is better understood as the author's contemporary reconstruction than as al-Dimyāṭī's explicit doctrine. The study argues that status-based lineage endogamy should be analytically distinguished from marriage between close biological relatives, since only the latter carries documented genetic risk, and proposes reconstructing kafā'ah as a contextual principle balancing dignity, consent, compatibility, and family welfare alongside the other purposes marriage also serves.