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All Journal USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Miftahuddin , Abdul Hafidz
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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KAIDAH-KAIDAH WALI DALAM PERNIKAHAN: Analisa Perpindahan Hak Wali Dalam Pernikahan Misbachul Fitri, Abdul Basit; Miftahuddin , Abdul Hafidz
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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According to Imam Malik and Imam Shafi'i, the wali nikah (guardian of marriage) is one of the pillars of marriage. According to Abu Hanifah, the wali who must be present in the marriage contract as mentioned in the hadith above is only required if the bride is not yet baligh (mature) or not of sound mind. A woman who has reached maturity and is of sound mind is allowed to marry a man she likes without a wali, provided that he is sekufu (compatible). Imam Malik, according to the Asyhab tradition, believes that marriage without a wali is valid. The order of guardians in marriage is first the wali mujbir, second the wali hakim, and third the wali muhakkam. In essence, a woman should be married by her father who acts as her guardian, but sometimes a father refuses to act as a guardian for his child. Although there are different levels of guardianship, if the transfer is due to the guardian's reluctance to marry his child under his guardianship, then the level of guardianship is no longer valid so that the transfer of the right to marry goes directly to the wali hakim.      
Pernikahan Childfree Perspektif Imam Al-Ghazali Dalam Kitab Ihya’ Ulumuddin Nawawi, Ghufron; Miftahuddin , Abdul Hafidz
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 1 (2023): Nopember 2023
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Marriage is not merely a contractual agreement but holds intrinsic religious value. Therefore, entering into a marital union is an honorable path ordained by Allah to fulfill biological needs as a divine blessing. One of the objectives of marriage is to preserve the biological relationship between man and woman, aimed at nurturing a sacred lineage. However, societal advancements and changing mindsets, particularly in countries like France, England, and the Netherlands, have led some individuals to perceive having children as an additional burden. Consequently, certain families choose not to have children, whether biological, adopted, or stepchildren, a lifestyle commonly referred to as "childfree." The term "childfree" comprises two words: "child," referring to offspring, and "free," signifying freedom. Childfree is a personal choice to abstain from having children, whether before or after marriage, encompassing biological, adopted, or stepchildren. When analyzing childfree marriages through the lens of the book "Ihya’ Ulumuddin," they can be categorized into two types: permissible and impermissible childfree. Permissible childfree marriages include those where contraception methods such as 'azl (coitus interruptus) are employed or when the decision is based on personal reasons such as concerns about the challenges of raising many children and financial considerations. On the other hand, impermissible childfree marriages involve psychological or medical reasons and environmental considerations.
Co-Authors Misbachul Fitri, Abdul Basit Nawawi, Ghufron