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PERWALIAN DALAM AKAD NIKAH BAGI JANDA (STUDI PERBANDINGAN PENDAPAT IMAM ABU HANIFAH DAN IMAM AS-SYAFI‘I MELALUI ANALISIS HERMENEUTIKA ABDULLAH SAEED)
Guardianship in the marriage contract is a classical issue in Islamic family law that remains relevant to study, especially when associated with widowed women. In the contemporary social context, some widows have become socially and economically independent, yet it is not uncommon for them to face obstacles in remarrying due to uncooperative guardians or even guardians who commit ‘aḍl. This difference becomes increasingly interesting because within the corpus of classical fiqh there are two contrasting views: Imam Abū Ḥanīfah, who allows a widow to marry herself off, and Imam al-Shāfi‘ī, who requires a guardian as an integral pillar of marriage. This research contains an important question to be examined, namely: how is the comparative analysis of the opinions of the two imams regarding guardianship in the marriage contract for widows through Abdullah Saeed’s Hermeneutical Theory and its relevance in the contemporary era? In addition, the urgency of this study lies not only in the theoretical domain but also in the practical field, particularly in Indonesian society, which predominantly follows the Shāfi‘ī school. This research employs library research with a descriptive-comparative-analytical character. The primary sources include classical works such as Badā’iʿ aṣ-Ṣanā’iʿ, al-Hidāyah, and al-Umm, while the secondary sources consist of books, scholarly articles, and the works of Abdullah Saeed related to Islamic legal hermeneutics. Data analysis is carried out qualitatively using Abdullah Saeed’s contextual hermeneutic framework which consists of four stages: encounter with the text, critical textual analysis, reconstruction of the historical context, and linking the text with the contemporary context. This framework enables the researcher to reassess classical evidences and to understand the objectives of the sharī‘ah, such as justice, public interest, and the protection of women’s rights, within the modern context. The results of this study show that the views of Imam Abū Hanifah and Imam Asy-Syāfi‘ī emerged from different methodological backgrounds and socio-historical contexts. The view of Abū Hanifah, which grants autonomy to adult women, has strong relevance to issues of gender equality and female independence in the modern era. Meanwhile, the view of Asy-Syāfi‘ī remains significant for maintaining legal prudence and social stability. Through Abdullah Saeed’s hermeneutical approach, this study concludes that both views can be read complementarily, thereby opening opportunities for the formulation of Islamic family law that is more adaptive, inclusive, and contextual.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERWALIAN DALAM AKAD NIKAH BAGI JANDA (STUDI PERBANDINGAN PENDAPAT IMAM ABU HANIFAH DAN IMAM AS-SYAFI‘I MELALUI ANALISIS HERMENEUTIKA ABDULLAH SAEED) (Text)
PERWALIAN DALAM AKAD NIKAH BAGI JANDA (STUDI PERBANDINGAN PENDAPAT IMAM ABU HANIFAH DAN IMAM AS-SYAFI‘I MELALUI ANALISIS HERMENEUTIKA ABDULLAH SAEED) (Other)
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