Wali Nikah Bagi Janda di Bawah Umur Dalam Perspektif Hukum Islam (Studi di Wilayah KUA Kecamatan Trimurjo Lampung Tengah)

Karneli, Susi (2018) Wali Nikah Bagi Janda di Bawah Umur Dalam Perspektif Hukum Islam (Studi di Wilayah KUA Kecamatan Trimurjo Lampung Tengah). Masters thesis, IAIN Metro.

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Abstract

Guardian ofmarriage for widows in the perspective of Islamic law there are differences of opinion among the schools of jurisprudence that is: According to Imam Malik and Abu Hanifah that the widow of immature may be forced to marry by a marriage guardian. The statement of Imam Shafi'i that immature widow should not be forced to marry by a marriage guardian, what lies behind Imam al-Shafi'i does not require the consent of the marriage guardian in the marriage agreement for the immature widow. This mustof course be examined socio-political and socio-historical conditions that surround the life of Imam Shafi'i. This condition has implications for the use of legal istinbat in the context of marriage guardianship for underage widows. Unmarried widows are considered still not able to determine and decide a good husband candidate. As for the focal point of the study is the position of marriage guardian for underage widows in District Trimurjo Central Lampung regency.

The benefits of theoretical research as avehicle to apply and develop science and increase insight about marriage guardian for underage widow and its legal impact, is practically expected to be useful as input for society especially guardian of marriage to underage widow, in order to know the effect of law it caused.

The type of this research is field research (field research), research location in Region KUA Trimurjo District Lampung Tengah, the nature of this research is descriptive qualitative. sources in this study are primary data (primarydokument)source in this study interviews with Head of KUA, PPN KUA Trimurjo, Religious Figure, Public Figure and secondary data of Law No. 1 Year 1974 on Marriage, Book of Four Schools of Fiqh).Imam Maliki, Imam Syafi'i, and Imam Hambali based on the opinion of the four priests of a widow who will remarry must with the consent of his guardian and he should not marry himself. So if the widow is remarried then the presence of a guardian for marriage is a must and marriage without a guardian is not legal. Imam Hanafi, according to the opinion of Hanafi imam, the marriage of a widow without legal guardian is legitimate but the guardian may prohibit the marriage if the marriage is deemed incompatible with religious shari'ah. Guardian marriage widow must existin marriage even though he has no right to force or prevent widowed marriage the. If the marriage guardian of the widow disagrees and has no clear reason for his rejection then his marriage guardian may be replaced by a judge. The marriage guardian of a widow must also the conditions of the marriage guardian and according to the order of marriage guardian in Islamic.

Item Type: Thesis (Masters)
Subjects: Pascasarjana
Divisions: Pascasarjana > Ahwal Syakhshiyyah
Depositing User: Aan Gufroni .
Date Deposited: 23 Jan 2020 01:12
Last Modified: 23 Jan 2020 01:12
URI: https://repository.metrouniv.ac.id/id/eprint/1411

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