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KONSEP KAFAAH DALAM PERKAWINAN: ANALISIS AL-MAṢLAḤAH TERHADAP RELEVANSI PEMIKIRAN SYEKH SULAIMAN AL-BUJAIRAMI DALAM KITAB AT-TAJRID LI NAF‘I AL-‘ABID
Marriage in Islam is a sacred bond that encompasses not only physical aspects but also spiritual and social values. The concept of kafā’ah between prospective spouses has become an important topic in Islamic jurisprudence because it aims to prevent social disgrace, preserve honor, maintain harmony, and ensure the welfare of the family. Although it is a classical concept, the study of kafā’ah remains highly relevant in modern society, where social, economic, and cultural factors are often considered in marriage. Differences in social status or family perspectives may trigger conflicts, which can be anticipated through a proper understanding of kafā’ah. This research focuses on analyzing the relevance of Shaykh Sulaiman al-Bujairami’s thought on kafā’ah as presented in his work At-Tajrīd li Naf‘i al-‘Abīd. This study is a library research employing a descriptive-analytical method. The primary source of data is the book At-Tajrīd li Naf‘i al-‘Abīd, while secondary data are obtained from books and academic journals. A normative approach is used to examine legal issues based on sources such as the Qur’an, Hadith, and the opinions of Islamic scholars. The theoretical framework applied is the theory of al-maṣlaḥah, which etymologically refers to anything that brings benefit and prevents harm. In this context, al-maṣlaḥah is understood as every effort to preserve the objectives of Islamic law. The findings reveal that Shaykh Sulaiman al-Bujairami did not regard kafā’ah as an absolute requirement for the validity of marriage; rather, it serves as a right for women and their guardians to prevent social stigma. Kafā’ah becomes a condition only when there is no consent from the prospective bride or her guardian. The criteria of kafā’ah established by al-Bujairami include freedom from physical defects, freedom status, lineage, chastity ‘iffah, and profession, while wealth is excluded because of its impermanent nature. Al-Bujairami’s thought is strongly oriented toward public welfare maṣlaḥah, taking into account social conditions and the consequences of marriage. The concept of kafā’ah remains relevant in contemporary marriage and can be categorized as a secondary benefit maṣlaḥah al-ḥājiyyah as well as a benefit recognized by Islamic law maṣlaḥah al-mu‘tabarah.
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KONSEP KAFAAH DALAM PERKAWINAN: ANALISIS AL-MAṢLAḤAH TERHADAP RELEVANSI PEMIKIRAN SYEKH SULAIMAN AL-BUJAIRAMI DALAM KITAB AT-TAJRID LI NAF‘I AL-‘ABID (Text)
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