Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Vol 6 No 2 (2024): Al-Ahkam Volume 6 Nomor 2 September Tahun 2024

UNDERSTANDING THE LEGAL BASIS AND IMPLEMENTATION PRACTICES OF KAFALAH

Selly Silviawati Selly (Sekolah Tinggi Ekonomi Bisnis Islam Bina Essa Bandung Barat)



Article Info

Publish Date
30 Sep 2024

Abstract

This research explores the concept of kafalah, a crucial element of Islamic law. It discusses the definition of kafalah, its legal foundation, the pillars and conditions of al-kafalah, the different types of al-kafalah, its implementation, and the payment by the guarantor (dhamin). A qualitative method with a library research approach is used, gathering information from both primary and secondary sources. The library research methodology involves analyzing secondary legal materials by reading, analyzing, and compiling data from pertinent literature. The findings reveal that the concept of kafalah in Islam is firmly rooted in the Qur'an, Hadith, and the consensus of scholars. Kafalah is considered important for maintaining social and economic balance and providing assurance for individuals in need. The study also highlights the importance of a proper understanding of the implementation of kafalah to ensure it aligns with Islamic law, including the necessary pillars and conditions and the fair mechanism for payment of dhamin. Thus, a deep understanding of kafalah can contribute positively to the practice of Islamic law in society.

Copyrights © 2024






Journal Info

Abbrev

al-ahkam

Publisher

Subject

Description

The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical ...