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All Journal Tafaqquh : Jurnal Hukum Ekonomi Syariah dan Ahwal Syahsiyah RETORIKA: Journal of Law, Social, and Humanities
Ahmad Sibawai
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Studi Komparasi Antara Mazhab Hanafi dan Mazhab Safi’i Tentang Wali Adhol Ahmad Sibawai; Lalu Yoga Vandita
TAFAQQUH Vol. 7 No. 2 (2022): Tafaqquh : Jurnal Hukum Ekonomi Syariah dan Ahwal Syahsiyah
Publisher : STIS DAFA MATARAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70032/2n3ppa08

Abstract

This study aims to (1) examine the perspectives of the Hanafi and Syafi’i schools of thought (mazhab) regarding the concept of wali adhol in marriage contracts, and (2) evaluate the relevance of these perspectives in the context of marriage in Indonesia. The research employs a qualitative approach with library research as its primary method. Data analysis is conducted using a comparative method, which juxtaposes the two mazhab's views to draw conclusions. The findings reveal that the Hanafi school does not require the presence of a guardian (wali) for a legally competent and mature woman in a marriage contract, except for minors and individuals with mental incapacities. If a guardian refuses a competent woman’s request to marry a suitable partner, the guardian is deemed ineligible to refuse (adhol). Conversely, the Syafi’i school mandates the presence of a guardian for all marriage contracts, whether for a mature woman or a widow. In the Indonesian context, the Hanafi school’s perspective is considered more relevant due to its flexible approach, which takes local customs into account and grants greater autonomy to brides in deciding their marriage arrangements. This study contributes by providing a comparative perspective on the role of guardians in Islamic marriage law, serving as a reference for the development of family law in Indonesia, particularly in addressing cases involving wali adhol.
Problematika Perkawinan di Bawah Umur Dalam Perspektif Hukum Perkawinan Islam di Indonesia Ahmad Sibawai
RETORIKA: Journal of Law, Social, and Humanities Vol. 2 No. 2 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to: 1) analyze the problems of underage marriage from the perspective of Islamic marriage law in Indonesia, 2) understand the relevance of the regulation of the marriage age limit in national law to the principles of Islamic law. The research method used is normative legal research with a statutory approach and a conceptual approach. The legal materials for this study consist of primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were analyzed using legal interpretation methods, legal theories, and legal principles. The results of the study indicate that although Islamic law does not specify a numerical marriage age limit, the principle of maturity reflected in the concepts of baligh and rusyd emphasizes the importance of individual readiness to carry out household responsibilities. In addition, the regulation of the marriage age limit in national law aims to provide legal certainty and protect prospective couples from the risks of early marriage. Thus, this regulation is essentially in line with the principle of maqāṣid al-syarī‘ah which emphasizes the benefit and protection of individuals in family life.
Co-Authors Lalu Yoga Vandita