Mawardi Mawardi
Hukum Keluarga Islam, Universitas Ibrahimy, Jawa Timur 68374, Indonesia

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Journal : Jurnal Multidisiplin Ibrahimy

Relevansi Batas Usia Perkawinan di Indonesia: Perspektif Madzhab Syafi’i dan Kompilasi Hukum Islam Mawardi Mawardi; Varid Razak
Jurnal Multidisiplin Ibrahimy Vol. 2 No. 1 (2024): JUMMY - August
Publisher : LP2M Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/jummy.v2i1.5481

Abstract

This research is motivated by the existence of age limits for marriage in Indonesia. The aim is for the common good in building a household built through a marriage bond, although in reality, early marriage can still be carried out by submitting a marriage dispensation through the courts for specific reasons. The focus of this research is: (1) How is the argument of the Syafi'i school of thought about the age limit for marriage; (2) How is the age limit for marriage in the Compilation of Islamic Law (KHI); and (3) The relevance of the age limit for marriage in Indonesia from the perspective of the Syafi'i School of Thought and the Compilation of Islamic Law. The type of research used in this research is library research, namely by using data from books or books that are in accordance with the title of the research as a source of study, along with reviewing and reading writings and books that are related to the object of discussion. The approach used by researchers in this writing is normative, in the sense of trying to examine the law that has been conceptualized as rules and norms that have been applied in society and become a legal reference for everyone. The results of this study, in the view of the Syafi'i School, the age limit for marriage is seen from maturity, namely when he has reached puberty. Among the signs for someone who has reached puberty is the release of semen for men, usually at the age of 12 years, and menstruation for women, usually at the age of 9 years, because for someone who has reached the nature of puberty and aqil, it means that they have become ahliyah al-ada' who can be burdened with the responsibilities of sharia such as muamalah and other transactions. On the other hand, the Compilation of Islamic Law has provided an age limit for marriage, namely 19 years for men and 16 years for women, because Indonesian scholars see several factors that limit the age of marriage, such as avoiding early marriage, which has a terrible impact on married couples. Regarding its relevance in its implementation in Indonesia, the age limit for marriage in the Compilation of Islamic Law has been determined. However, if you still want to marry under the age that has been determined, you must go through a trial process to request a marriage dispensation from the panel of judges. The opinion of the Syafi'i School can be a choice that can be considered by the panel of judges to approve a marriage dispensation, namely the adequacy of the age of puberty as one indicator of maturity.
Perspektif Hukum Islam Terhadap Duwi Papendre’ dalam Pernikahan Adat Bugis Mawardi Mawardi
Jurnal Multidisiplin Ibrahimy Vol. 3 No. 1 (2025): JUMMY - August
Publisher : LP2M Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/jummy.v3i1.7178

Abstract

Indonesia is a vast country with diverse customs and cultures across its regions. It is critical to protect and promote these customs and cultures. Our ancestors' customs and traditions, rich in values and meaning, define human behaviour in society and serve as guidelines for living a dignified life. For example, the Bugis of Nipah Panjang 1 Village, Nipah Panjang District, Tanjung Jabung Timur Regency, Jambi Province, continue to practise a wedding tradition known as duwi papendre’. Duwi papendre’ is one of the basic requirements that the prospective husband's family must meet during a traditional wedding. Before proposing to a Bugis girl in Nipah Panjang, a man must perform duwi papendre’. This study focuses on the practice of duwi papendre' in Nipah Panjang Village, as well as the impact of Islamic law on Bugis traditional marriage. This study used a qualitative research method. This study used the following data sources: Primary data, including data obtained from field research objects through interviews and observations with relevant parties such as community leaders, the Religious Affairs Office (KUA), Duwi Papendre' practitioners, and other community members about the Duwi Papendre' practice implemented in the Nipah Panjang 1 Village community. Secondary data, or supporting or complementary data related to the research problem, were gathered from various sources, including the Quran, Hadith, journal articles, theses, etc. According to the findings of this study, the Duwi Papendre’ practice involves the groom paying a sum of money to the family of the woman he wishes to marry. This Duwi Papendre' is not a dowry but funds for organising a wedding reception or walimatul 'ursy at the woman's home. In contrast, the dowry must be given to the bride as her personal property. The amount of duwi papendre’ to be given is determined by both parties' agreement, which typically considers the prospective bride's social, educational, and economic status and the prospective groom's abilities. According to Islamic law, duwi papendre' in the Nipah Panjang 1 area is permissible as long as there is no burden or coercion and it is based on voluntary and mutual agreement. The practice of duwi papendre' is acceptable in Islam, because a custom or 'urf can be made law if it is widely accepted and there is no evidence to the contrary. Sharia recommends giving duwi papendre’ in a marriage proposal to strengthen the relationship between the two parties. Similarly, the obligation to give duwi papendre' is to organise a wedding reception or walimatul 'ursy, which is a recommended act in sharia as long as it is carried out without elements that contradict sharia and aims to follow the Prophet Muhammad's sunnah.