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All Journal USRAH: Jurnal Hukum Keluarga Islam
Liza Raihani Pohan
Sekolah Tinggi Dirasat Islamiyyah Imam Syafi"i Jember
Religion Law, Crime, Criminology & Criminal Justice

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PERNIKAHAN BEDA MANHAJ DALAM PERSPEKTIF HUKUM KELUARGA ISLAM: KONSEP KAFĀ’AH DAN PENGELOLAAN KONFLIK RUMAH TANGGA Liza Raihani Pohan; Akhmad Husaini
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/xw29ps14

Abstract

This article examines the legal standing of marriage between Muslims who follow different religious methodologies (manhaj) under Islamic family law, its implications for household harmony, and the principles Islamic family law offers for managing resulting conflicts. The study is normative legal research based on library materials, using statutory, conceptual, and comparative fiqh approaches. Primary materials consist of the Marriage Law, the Compilation of Islamic Law (KHI), and classical fiqh works on kafā’ah, while published field studies on cross-organisational and Salafi families serve as secondary materials. The analysis shows that a difference of manhaj between two Muslims does not affect the validity of marriage: positive law confines the religious impediment to difference of religion, and most jurists treat kafā’ah as a condition of bindingness (luzūm) rather than validity, which the bride and her guardian may waive. Similarity of manhaj is therefore better understood as an ethical and preventive consideration in assessing marital readiness. Reviewed studies indicate that its effect on harmony is not deterministic, depending on communication, mutual respect, parenting agreements, and conflict management. The article contributes a staged framework linking educative kafā’ah, mu’āsyarah bi al-ma’rūf, deliberation and ḥakam mediation, and the mīṡāqan ghalīẓan covenant, with divorce as a last resort.
Co-Authors Akhmad Husaini