FiTUA : Jurnal Studi Islam
Vol 2 No 2 (2021): DECEMBER

STUDI KRITIS NIKAH TANPA WALI KAJIAN TAFSIR AHKAM QS. AL-BAQARAH: 232

Ida Mufidah (Mahasiswi Pascasarjana IQT UINSA (UIN Sunan Ampel) Surabaya)
Masruhan Masruhan (Pascasarjana IQT UINSA (UIN Sunan Ampel) Surabaya)



Article Info

Publish Date
14 Jul 2021

Abstract

One of the crucial issues in marriage is marriage without a guardian which is a problem of khilafiyyah ijtihadiyyah among the ulama' madhhab. One of the verses that is used as a foothold by each party is QS. Al-Baqarah: 232 with different interpretations. This paper attempts to conduct a critical study of the interpretation of the verse regarding the legality of marriage without a guardian. The results of the study conducted show that the difference in the scholars' interpretation of the verse is in the khit}a>b contained in the verse. According to the majority of scholars, the verse is intended for female guardians so that the verse indicates that marriage without a guardian is not valid. Meanwhile, according to the Hanafi school of thought, the verse is aimed at a husband who prevents his ex-wife from marrying someone else so that the verse shows a woman can marry herself without a guardian. Although this is a khilafiyyah problem, marriage without a guardian has the potential to cause a marriage based on consensual only which needs to be avoided.

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Journal Info

Abbrev

fitua

Publisher

Subject

Religion Humanities Education Languange, Linguistic, Communication & Media Social Sciences Other

Description

FITUA: Journal of Islamic Studies (P-ISSN 2721-186X), (E-ISSN 2721365X) is a journal Institution of the STIT Sunan Giri Bima of that discusses field, library and conceptual research from various scientific and Islamic ...