Tafaqquh : Jurnal Hukum Ekonomi Syariah dan Ahwal Syahsiyah
Vol. 7 No. 2 (2022): Tafaqquh : Jurnal Hukum Ekonomi Syariah dan Ahwal Syahsiyah

Studi Komparasi Antara Mazhab Hanafi dan Mazhab Safi’i Tentang Wali Adhol

Ahmad Sibawai (Unknown)
Lalu Yoga Vandita (Unknown)



Article Info

Publish Date
20 Dec 2022

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.

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Journal Info

Abbrev

TAFAQQUH

Publisher

Subject

Religion Economics, Econometrics & Finance

Description

TAFAQQUH: Jurnal Hukum Ekonomi Syariah dan Ahwal Syahsiah is published by the Center for Research, and Community Service (P3M) of Sekolah Tinggi Ilmu Syariah Darul Falah Pagutan Mataram NTB (STIS DAFA). This journal features studies on Sharia economic law and Islamic family law. It is published ...