WALI NIKAH DALAM PERSPEKTIF HADIS (STUDI KUALITAS DAN PEMAKNAAN PENDEKATAN INTERTEKSTUAL)

Hairul Hudaya (Universitas Islam Negeri Antasari)

Jurnal Agama Sosial dan Budaya
Vol. 1 No. 6 (2022): November : Religion : Jurnal Agama, Sosial, dan Budaya

This study aims to examine the quality of the hadith narrated by Abu Dawud regarding the cancellation or invalidity of a woman's marriage without a guardian. Scholars of the madhhab differ on the existence of a guardian as a condition for a valid marriage. Imam Malik, Syafi'i and Ahmad ibn Hanbal agree that guardianship is a requirement in marriage. While Imam Abu Hanifah did not require it. To examine the quality of hadith, researchers used the takhrij method by examining the quality of sanad and matan. The data comes from the book of Sunan Abu Dawud and other hadith books. To understand the contents of these hadiths, researchers used an intertextual approach in which hadiths were understood from various texts, especially the understanding of hadith scholars and the Compilation of Islamic Law (KHI). This study found that the hadith is of authentic quality so that it can be used as a legal basis. Based on that also, like the hadith scholars, KHI also requires guardians in marriage.