Maulana, Gusti Muhammad Rezqy
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Kafā’ah al-Nasab in Sharifah Marriage: An Analysis of Bughyat al-Mustarshidīn through the Lens of Qawāʿid Fiqhiyyah Maulidi, Affan; Mujib, Moh.; Maulana, Gusti Muhammad Rezqy
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 7 No. 1 (2026): February
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i1.694

Abstract

Kafā'ah is one of the important concepts in Islamic marriage law, concerning the equivalence between the prospective husband and the future wife. In Shafi'iyyah fiqh, nasab is one of the aspects considered in kafā'ah. This issue becomes more complex in the marriages of Sharifah women, especially within the tradition of Hadramaut scholars, who pay close attention to the maintenance of the descendants of the Prophet Muhammad (saw). This study aims to analyze the construction of kafā'ah al-nasab in Sharifah marriage, based on Bughyat al-Mustarshidīn by Sayyid ʿAbd al-Raḥmān al-Mashhūr, from the perspective of qawāʿid fiqhiyyah. This research is a literature review with a normative-conceptual approach. The primary source of research is Bughyat al-Mustarshidīn, while Shafi'iyyah jurisprudence literature and contemporary research are used as supporting sources. The results of the study show that Hadramaut scholars place kafā'ah al-nasab as a special consideration in Sharifah marriage. The practice of Āl Abī ʿAlawī emphasizing taḥṣīn al-sharīfah bi-sharīf mithlihā shows a strong orientation towards the maintenance of the equivalence of nasab. The perspective of qawāʿid fiqhiyyah shows that the construction can be analyzed through the rules of al-umūr bi-maqāṣidihā, al-ḍarar yuzāl, and al-ʿādah muḥakkamah. However, the application of this rule cannot be separated from the legal context of kafā'ah, as the rights of women and guardians, and there are differences of opinion among the fuqaha regarding the consequences of marriage law that are not sekufu. Thus, kafā'ah al-nasab in the Hadramaut tradition is not solely a form of social stratification but a fiqh construct that local scholars associate with the maintenance of nasab and family honor.