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All Journal Kartika: Jurnal Studi Keislaman Makkah: Journal Of Islamic Studies
Muhammad Abror Suriyanto
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Religion Arts Humanities Economics, Econometrics & Finance Education Social Sciences Other

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STUDI KOMPARATIF RUKUN DAN SYARAT PERKAWINAN DALAM PERSPEKTIF FIQH KLASIK DAN NEGARA MESIR Alfi Karomah; Muhammad Abror Suriyanto; Ahmad Izzuddin
Makkah: Journal Of Islamic Studies Vol. 1 No. 4 (2025): Desember
Publisher : Makkah: Journal Of Islamic Studies

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Abstract

This study aims to analyze the pillars and conditions of marriage from the perspectives of Islamic jurisprudence (fiqh) and Egyptian positive law, and to compare them within the framework of contemporary Islamic family law. The focus of the analysis is directed at identifying both the differences and similarities in the views of Islamic legal schoolsparticularly the Hanafi schooland the regulation of marriage law in Egypt, which has undergone processes of codification and modernization. This research employs a normative legal research method with a comparative approach, drawing upon classical fiqh literature, Egyptian statutory regulations, and relevant contemporary scholarly works. The findings indicate that Egyptian marriage law substantively adopts the principles of Hanafi fiqh, while simultaneously introducing adjustments through the establishment of a minimum age for marriage, the mandatory registration of marriage, and the strengthening of legal protection for women and children. From a comparative perspective, it can be concluded that Egyptian marriage law represents a model of integration between Islamic legal norms and modern state law. Therefore, an integrative approach that combines madhhab-based fiqh, maqāṣid al-sharī‘ah, and the demands of positive law is essential to maintain the relevance and legitimacy of Islamic family law in addressing contemporary social challenges.
Legal Implications of Return of Gifts After the Cancellation of Khitbah Perspective of Hadith and Maqashid Al-Sharia'ah: An Analysis of Women's Rights Protection and Prevention of Mafsadah Hikmatullah, Asep; Nasrulloh; Muhammad Abror Suriyanto
Kartika: Jurnal Studi Keislaman Vol. 6 No. 2 (2026): Kartika: Jurnal Studi Keislaman (May)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v6i2.734

Abstract

Khitbah is the initial stage towards marriage. In practice, khitbah is often accompanied by giving gifts from the male to the female. The problem that arises is when the application is canceled, causing a debate regarding the legal status of returning the application prize that has been given. This study aims to analyze the law of return of grants after the cancellation of the application. This research uses a library research method  with a normative approach through the search of hadith literature, hadith syarah , fiqh literature, and religious studies related to the granting of proposals, cancellation of khitbah and maqashid al-shari'ah. The results of the study show that in the hadith the Prophet in principle prohibits withdrawing grants that have been given because they are seen as inappropriate acts. The scholars provided legal details related to the return of the proposal prize based on the cause and effect of the cancellation of the application and the purpose of giving the gift. The maqashid approach shows that the legal implications of returning the gift of the proposal must consider honor, property protection, benefit, justice, and the prevention of mafsadah such as family and social conflicts. Considering cause and effect, the protection of women's rights and the prevention of mafsadah did not occur.
Co-Authors Ahmad Izzuddin Alfi Karomah Hikmatullah, Asep Nasrulloh