Jurnal Cendikia ISNU SU
Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025

Consent of Girls in Marriage (A Comparative Study Between Imam Shafi'i and Imam Ibn Qayyim al-Jawziyyah)

Arifin Siahaan (Universitas Islam Negeri Sumatera Utara)
Fandi Wahidi (Institut Agama Islam Negeri Datuk Laksemana Bengkalis)



Article Info

Publish Date
29 Dec 2025

Abstract

There is a difference of opinion between madhhab Shafi'I and Imam ibn qoyyim al-jauzy regarding the law of a guardian asking for his daughter's consent to marry, even though the position of the bride's consent is in place. This research is a literature study using the comparative analysis method. The results of this study show that the most relevant opinion for the Indonesian context is the opinion of Imam Ibn Qayyim al-jauzy.  In the applicable legislation in Indonesia, namely in the law on marriage No. 1/1974 (ps. 6 paragraph (1) jo. ps. 16 paragraph (1) ) KHI stipulates that one of the conditions for marriage is the consent of the prospective bride. This indicates that the applicable legislation in Indonesia is in accordance with the opinion of Ibn Qayyim al-Jawziyyah. In positive law in Indonesia, it is very important and is an absolute requirement for the validity of a marriage. Existing laws and regulations ensure that marriage can only be performed with the free consent of both prospective brides, especially the bride, as part of efforts to protect human rights and ensure justice in the execution of marriage.  

Copyrights © 2025






Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...