DIRASAH: Jurnal Kajian Islam
Vol 2 No 1 (2025): DIRASAH: Jurnal Kajian Islam

Wali Nikah dalam Perspektif Pancasila dan Hukum Islam: Konflik dan Konvergensi: Marriage Guardians in the Perspective of Pancasila and Islamic Law: Conflict and Convergence

Ahmad Muhammad Mustain Nasoha (Unknown)
Ashfiya Nur Atqiya (Unknown)
Habib Zuhud Siswoyo (Unknown)
Muhammad Nurhidayat (Unknown)
Muhammad Bagus Wijayakusuma (Unknown)



Article Info

Publish Date
20 Nov 2024

Abstract

The study of marriage guardians in Islamic law and Pancasila in Indonesia is particularly relevant, given that the majority of Indonesia's population is Muslim and Pancasila is the basis of the state. In Islamic law, the marriage guardian - usually a father or male relative - plays an important role as a condition of a valid marriage, with validity dependent on the guardian's consent as a protector of women's rights. In contrast, Pancasila emphasizes social justice and gender equality, which raises the question of how the role of the marriage guardian can be harmonized with the principles of Pancasila. This research uses a normative juridical approach and comparative law method to analyze the regulation of marriage guardians in Islamic law and the influence of Pancasila on its application in national law, including in Law No. 1 of 1974 and the MUI fatwa. Case studies of marriages in Indonesia show conflicts between the authority of the guardian and the will of the woman, but also attempts at legal convergence for a more equitable solution. The research concludes that the integration of Islamic legal principles and Pancasila requires a comprehensive approach, considering Indonesia's plural social and cultural context. The results of this research are expected to assist in the development of marriage law that is inclusive and responsive to the dynamics of society.

Copyrights © 2025






Journal Info

Abbrev

dirasah

Publisher

Subject

Religion

Description

DIRASAH: Jurnal Kajian Islam is a scholarly journal published by Litera Academica Publishing, under the Yayasan Amal Ibnu Shabil (Based on Akte Pendirian Yayasan No. 08, January 22, 2022), aimed at disseminating research findings and scientific studies in various fields of Islamic sciences. The ...