USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 2 (2026): April

PERWALIAN ANAK DI LUAR PERKAWINAN DALAM PERSPEKTIF MAZHAB SYAFI’I DAN HANAFI: ANALISIS FIQH PERBANDINGAN DAN IMPLIKASINYA TERHADAP HUKUM KELUARGA ISLAM

Aniqotul Fitriyah (Universitas Hasyim Asy'ari Tebuireng Jombang)
Ita Rahmania Kusumawati (Universitas Hasyim Asy'ari Tebuireng Jombang)



Article Info

Publish Date
02 Apr 2026

Abstract

Marriage according to Islam is an act of worship with a very strong contract to obey God's commands and carry them out with a chosen partner. This study discusses the guardianship of children born out of wedlock to determine whether they are related to their father or not by comparing the differences of opinion between the Shafi'i and Hanafi schools of thought. Using descriptive literature research and a qualitative approach, the researcher attempts to explain the differences between the Shafi'i and Hanafi schools of thought regarding the guardianship of children born out of wedlock. The Shafi'i school considers a guardianship as a valid pillar of marriage. Therefore, an illegitimate child who does not have a guardian through his father requires a legal guardian to marry him because he does not have a lineage to his biological father. On the other hand, the Hanafi school of thought states that a guardian is not an absolute requirement, so an adult and sane woman can marry herself without a guardian.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...