KONSEP KH HUSEIN MUHAMMAD TENTANG WALI MUJBIR DALAM PERKAWINAN

Miftakhul Khoiri, NIM.: 20203012040 (2022) KONSEP KH HUSEIN MUHAMMAD TENTANG WALI MUJBIR DALAM PERKAWINAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Before entering into a marriage contract, the bride and groom are ordered to carry out a series of pre-marital activities. Among them is the matter of choosing a partner (husband or wife). So far, there is a general view that according to Islamic jurisprudence, women do not have the right to make choices about their life partner, it is their father or grandfather who determines this. This view is motivated by an understanding of what is known as ijbār rights. The right of ijbār is understood by many people as the right to force a marriage by another person, in this case the father (wali mujbir). Such a concept of ijbār gives rise to the impression that the guardian is an authoritarian person towards his children or those under his guardianship in terms of marriage. This is what then makes the author interested in examining more deeply the concept of wali mujbir in marriage according to the perspective of KH Husein Muhammad. In this study the authors used a combination of field research and literature. Field data obtained from KH. Husein Muhammad and library data obtained from books written by KH. Husein Muhammad and the books used in this study (fiqh, Islamic, and others) that are relevant to the object of study. The results of this study concluded that according to KH. Husein Muhammad related to this mujbir wali, that children have the right to refuse to be married to men who are not equal without their consent and parents also have the right to refuse their daughter's wish to marry men who are not equal. The method of ijtihad KH. Husein Muhammad is to use the textual method (mazhab qauly) and the second is the contextual/methodological method (manhajy) at the same time. While the analysis of the data obtained, KH. Husein Muhammad saw the maslahah aspect as a reference in taking his position while still paying attention to the opinions of the fuqaha scholars. Considering that marriage is a worship, every decision of any kind should be considered, including in the matter of choosing a life partner which in the end can achieve inner and outer happiness, a marriage that is full of mawaddah, mahabbah wa rahmah.

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