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All Journal JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Wahid, Abdurrohman
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Wali Adhal Serta Hubunganya Dengan Konsep Kafāah Hafidz Miftahuddin, Abdul; Wahid, Abdurrohman
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 1 (2021): Nopember 2021
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The necessity of having a guardian in marriage is basically an agreement of the majority of scholars. One of the reasons for a guardian's reluctance in marrying his child of his own choosing is due to the lack of equality or incompetence between his child and his chosen candidate. Kafāah or kufu, in terms of language can be interpreted as equal, balanced or harmonious. A guardian who does not give permission for his child to marry on the grounds that he is not kafāah is very justified by syara'. However, wali adhol should not be used in any place, meaning that at any time a woman can use this excuse to legalize her marriage. Considering the issue of kafāah in determining the dimensions, it is very abstract, and from a legal point of view it is only a suggestion. The reason for the wali adhol should be an alternative to a very urgent problem. To be careful, then a judge should prohibit the marriage of a woman without the permission of her guardian without urgent reasons, especially if it is just a matter of kafāah.
KAJIAN HUKUM TENTANG PERNIKAHAN DINI Misbahul Amin, M.; Wahid, Abdurrohman
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 1 No. 2 (2022): Mei 2022
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

To bridge the realization of marriage in accordance with the purpose of the marriage, the marriage law No. 1 of 1974 has determined and stipulates the basics that must be carried out in marriage. One of them is article 7 paragraph 1 which reads "Marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 16 years" and in the next paragraph states that if there are deviations in article 7 paragraph (1) can ask for dispensation at the court or other official appointed by both parties, both male and female. Later article 7 of Law no. 1 of 1974 concerning the minimum age for marriage was revised by Law no. 16 of 2019 which states that marriage is only permitted if a man and a woman have reached the age of 19 (nineteen years). Early marriage has the potential to cause various impacts on family harmony, due to lack of physical and psychological preparation in forming a sakinah family. Although in fiqh there is no explicit minimum age for marriage, for the benefit of the state, this is necessary.
Co-Authors Hafidz Miftahuddin, Abdul Misbahul Amin, M.