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PANDANGAN MASYARAKAT TERHADAP KONSEP WALI MUJBIR DALAM PERNIKAHAN (STUDI KASUS DI DESA KARANGTEJO KECAMATAN JUMO KABUPATEN TEMANGGUNG)
Marriage guardians play an important role in marriage, especially for brides who want to get married, there must be a guardian. One type of guardian is a mujbir guardian, namely a guardian who has the right to marry off a daughter without her consent, as explained in the Syafi'i and Hanafi schools of thought. Although this concept aims to protect women from choosing the wrong partner (ijbar), in practice it is often misinterpreted by society as a form of coercion (ikrah) or parental domination, although this can lead to marriage without will and risk causing injustice in the household. Marriage without consent is contrary to the principles of Law No. 1 of 1974 concerning Marriage which requires the consent of both bride and groom. Therefore, it is important to know whether the concept of a mujbir guardian is still relevant if applied today based on the views of the village community. This type of research is field research, which was conducted in Karangtejo Village, Jumo District. This research is descriptive-analytical, using qualitative research methods. The data collection method uses interview and documentation methods. In this case, the authors analyzed the views of the people of Karangtejo Village regarding the concept of wali mujbir regarding marriage in the current era. This makes interviews good primary data for community leaders, perpetrators of the practice of wali mujbir, victims of the practice of wali mujbir and young people. The results of the research show that in general the public's view of the concept of guardian mujbir can be said to be less positive, this can be seen from the responses of respondents who did not like to accept the practice of arranged marriages from their parents. However, there are also people who accept this practice, with several conditions, such as the absence of hatred towards the prospective partner or guardian, the prospective partner being an equal partner, and an adequate dowry. Therefore, the current concept of guardian mujbir is better understood as a form of limited protection, which still upholds a balance between the right to choose a partner and the role of the guardian in creating a legal, harmonious and beneficial marriage.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PANDANGAN MASYARAKAT TERHADAP KONSEP WALI MUJBIR DALAM PERNIKAHAN (STUDI KASUS DI DESA KARANGTEJO KECAMATAN JUMO KABUPATEN TEMANGGUNG) (Text)
PANDANGAN MASYARAKAT TERHADAP KONSEP WALI MUJBIR DALAM PERNIKAHAN (STUDI KASUS DI DESA KARANGTEJO KECAMATAN JUMO KABUPATEN TEMANGGUNG) (Other)
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