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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib.v3i3
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hukum Keluarga Islam, Hukum Tata Negara,Hukum Pidana Islam, Hukum Ekonomi Islam, Ilmu Alquran dan Tafsir
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 6, No 5 (2025)" : 12 Documents clear
The Role and Authority of Adoptive Fathers in Marriage Guardianship: A Comparative Analysis between Islamic Family Law and Civil Law Thoiyibi, M; Afrizal, Afrizal; Mardhiah, Ainul; Jarullah, Jarullah; Diyetmawati, Diyetmawati
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17655

Abstract

This article examines the role and authority of the adoptive father in marriage guardianship, employing a comparative approach between Islamic law and civil law. In Islamic law, marriage guardianship is a pillar that must be fulfilled in the implementation of a marriage contract and can only be carried out by a man who has a blood relationship with the bride. In civil law, particularly as outlined in Staatsblad 1917 No. 129, children adopted through a court decision who are legally adopted obtain a legal status equal to that of biological children. This difference has implications for the validity of a marriage. This type of qualitative research uses a normative and comparative legal approach; primary data comes from the Compilation of Islamic Law (KHI), Law Number 1 of 1974 concerning Marriage, the Civil Code (KUHPerdata), and classical and modern literature in Islamic jurisprudence and secondary data comes from the results of previous research, scientific journal articles, Islamic law books, and civil law. Library research is used to collect data from legal documents and scientific literature. The data collected in this study will be analyzed using both descriptive and analytical methods, as well as comparative methods. The results of this study indicate that there are significant differences between Islamic law and civil law in their views on the role of the adoptive father as a marriage guardian. Islamic law explicitly rejects the authority of the adoptive father because there is no blood relationship, while civil law provides equal legal standing between adopted children and biological children through court ratification. This difference has implications for the validity of marriages that can be recognized by the state but not recognized according to Sharia, so it is essential to consider the harmony between the two legal systems in the practice of marriage guardianship in Indonesia
Marriage Agreement as an Effort to Realize a Sakinah Mawaddah Warahmah Family: Analysis Based on the Prophet's Hadith Guspidawati, Lenny; Husti, Ilyas; Sarifandi, Suja'i
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17969

Abstract

A marriage contract is an essential instrument for building a harmonious and just household, especially in modern society, which faces increasingly complex social, economic, and cultural dynamics. In Islamic tradition, the concept of agreement or conditions in marriage has been recognized through various hadiths of the Prophet, which emphasize the importance of fulfilling promises and the legality of conditions as long as they do not conflict with sharia. Therefore, this study aims to analyze the concept of a marriage contract for realizing a family of sakinah, mawaddah, and warahmah, based on the Prophet's hadith as the primary normative basis. This study is a qualitative, library-based study using a normative-theological approach. Data sources include primary sources, such as significant hadith collections such as Sunan Abu Dawud, Sunan Tirmidhi, and Musnad Ahmad, as well as secondary sources, including fiqh literature, academic journals, and related laws and regulations. Data collection techniques involved documentation and literature analysis, while data analysis used content analysis to interpret the textual and contextual meanings of relevant hadiths. The research results show that the Prophet's hadith strongly legitimizes a marriage contract, provided the stipulated conditions do not permit what is forbidden or prohibit what is permissible. This agreement can be a strategic tool for clarifying the rights and obligations of husband and wife, preventing conflict, and supporting the achievement of the goals of marriage characterized by tranquility, compassion, and mercy. Therefore, a marriage contract, from the perspective of the hadith, is not only valid under Islamic law but also a relevant mechanism for strengthening the unity of contemporary Muslim families.

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