%A NIM.: 20203012005 Fathimah Shalehah., S.H.
%O Pembimbing: Dr. Ali Shodiqin, M.Ag.
%T PRAKTIK WALI MUJBIR DI KELUARGA PONDOK PESANTREN
MIFTAHUL ULUM BESUKI SITUBONDO JAWA TIMUR
%X The process of determining a prospective husband for a daughter is
under the authority of the guardian, which in Islam is called the right of
ijbar. Through the right of ijbar, a guardian can force his daughter into
marriage, with his consent or without his consent. This is what happened
in the Miftahul Ulum Besuki Islamic Boarding School family, Situbondo,
East Java. There are at least nine families in the Miftahul Ulum Islamic
Boarding School environment who experience the practice of ijbar in
determining their mate. This study answers the question of how the
implementation of the Ijbar at Miftahul Ulum Islamic Boarding School?
What is the basis used by the guardians at the Miftahul Ulum Islamic
Boarding School to exercise the right of ijbar in determining his
daughter's potential partner? How to analyze muballah on the views of
the guardians at the Miftahul Ulum Islamic Boarding School on the right
of ijbar.
This study uses a sociological approach to Islamic law to
determine the relationship between the practice of ijbar and the Islamic
boarding school community and its influence on the structure of the
pesantren. To analyze the views of the guardians regarding the use of the
right of ijbar using the mublah.
The findings of this study are, first, the practice of the right of ijbar
occurs in families at Miftahul Ulum Islamic Boarding School. Of the nine
families studied, almost all married with the absolute authority of a
guardian. In practice, it shows the dominance of guardians over girls who
are under their guardianship. This raises resistance from girls, even
though it is only in the form of attitude and does not influence decisions.
Second, the attitude of the guardian that underlies the practice of the right
of ijbar, stems from the interpretation of the provisions of fiqh, namely:
the obligation of parents to provide for their children, women's concerns
about choosing the wrong partner, and the right of ijbar. can guarantee
the achievement of the purpose of marriage. Third, from the perspective
of mublah, the views of the guardians do not fulfill the element of
mutuality between men and women, especially in the right to determine a
partner. If in determining the prospective male partner is not bound by the
right of ijbar, then this should also apply to women. But in reality, at
Miftahul Ulum Islamic Boarding School, the practice of the right of ijbar
applies to women and does not apply to men.
%K right of ijbar; right to determine partner; Miftahul Ulum
Islamic Boarding School; mubadah
%D 2022
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib56667