TY  - THES
N1  - Husnul Khitam, Lc., M.H.
ID  - digilib74881
UR  - https://digilib.uin-suka.ac.id/id/eprint/74881/
A1  - Umar Ibnu Abdul Aziz, NIM.: 20103060047
Y1  - 2025/12/16/
N2  - 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 ?a?l. This difference becomes increasingly interesting because within the corpus of classical fiqh there are two contrasting views: Imam Ab? ?an?fah, who allows a widow to marry herself off, and Imam al-Sh?fi??, 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 Sh?fi?? school.
This research employs library research with a descriptive-comparative-analytical character. The primary sources include classical works such as Bad??i? a?-?an??i?, al-Hid?yah, 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 shar??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 Ab? Hanifah and Imam Asy-Sy?fi?? emerged from different methodological backgrounds and socio-historical contexts. The view of Ab? 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-Sy?fi?? 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.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Perwalian Nikah
KW  -  Janda
KW  -  Abu Hanifah
KW  -  Asy-Syafi?i
KW  -  Hermeneutika Abdullah Saeed
M1  - skripsi
TI  - PERWALIAN DALAM AKAD NIKAH BAGI JANDA (STUDI PERBANDINGAN PENDAPAT IMAM ABU HANIFAH DAN IMAM AS-SYAFI?I MELALUI ANALISIS HERMENEUTIKA ABDULLAH SAEED)
AV  - restricted
EP  - 140
ER  -