PERTIMBANGAN KAFA’AH NASAB (KAFA’AT AN-NASB) DALAM PERNIKAHAN PERSPEKTIF FIKIH PERBANDINGAN

M. ARSAD, S.H, NIM. 17203010095 (2022) PERTIMBANGAN KAFA’AH NASAB (KAFA’AT AN-NASB) DALAM PERNIKAHAN PERSPEKTIF FIKIH PERBANDINGAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In wedding need consider many things, among them about equality husband with candidate wife (kafa'ah) so that the relationship wedding the potential to be harmonious. However, by normative in review Islamic jurisprudence of the fuqaha’ different opinion about line lineage someone, is including in category kafa 'ah or not. according to majority scholar, consideration lineage including criteria in kafa 'ah. But according to part fuqaha’ equivalence in wedding only on religion and his morals. Difference opinion this need reviewed from perspective fiqh comparison (fiqh al -muqa ran) because is the problem in the middle heterogeneous Indonesian Muslim community. The main problems in the research are (1) How is the fuqaha' argument regarding the consideration of kafa'ah nasab (kafa'at an-nasb) in marriage? (2) Why are there differences of opinion among jurists about kafa'ah nasab (kafa'at an-nasb)? (3) What is the applicable attitude towards differences of opinion among fuqaha' regarding kafa'ah nasab in marriage, in the context of heterogeneous Indonesian society? Thus, this study aims to identify and understand the three main problems. This type of research is a normative and comparative literature research (fiqh al- muqaran ). Data sources come from primary, secondary and tertiary sources. The data sources were analyzed using the usul fiqh approach using comparative theory usul fiqh and maslahah theory to see the relevance of the kafa'ah nasab considerations in marriage with some Indonesian people in order to see the appropriate opinion, so that it can be applied to society. The results showed that in general the jurists were divided into the pro kafa'ah nasab group and the contra kafa'ah nasab jurists. Differences occur because of differences in terms or arguments. However, two groups agree that religion (kafa'at ad-din) is the main consideration in marriage. The point of difference lies in understanding whether or not religion is sufficient as a standard measure of equality in marriage. According to some jurists, religion is the only criterion in kafa'ah. According to other jurists , apart from lineage religion, it is also a criterion for kafa'ah. However, this difference can be compromised by prioritizing the kafa'ah religion (kafa'at ad-din) first, after that the right of the kafa'ah lineage is left to the prospective wife with her guardian to determine, because it is the right and the position of kafa'ah nasab (kafa'at an-nasb) is a common condition of marriage. Taking into account kafa'ah in marriage has the potential to prevent disharmony in the relationship between husband and wife and make the rights of the wife and her family to be fulfilled and not reduce her honor. In addition, it can maintain the glory and purity of the lineage. In addition, it is also influential in terms of character. Therefore, the consideration of kafa'at an-nasb is included in the type of maslahah hajiyyah

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