PRAKTIK WALI MUJBIR DI KELUARGA PONDOK PESANTREN MIFTAHUL ULUM BESUKI SITUBONDO JAWA TIMUR

Fathimah Shalehah., S.H., NIM.: 20203012005 (2022) PRAKTIK WALI MUJBIR DI KELUARGA PONDOK PESANTREN MIFTAHUL ULUM BESUKI SITUBONDO JAWA TIMUR. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The process of determining a prospective husband for a daughter is under the authority of the guardian, which in Islam is called the right of ijbar. Through the right of ijbar, a guardian can force his daughter into marriage, with his consent or without his consent. This is what happened in the Miftahul Ulum Besuki Islamic Boarding School family, Situbondo, East Java. There are at least nine families in the Miftahul Ulum Islamic Boarding School environment who experience the practice of ijbar in determining their mate. This study answers the question of how the implementation of the Ijbar at Miftahul Ulum Islamic Boarding School? What is the basis used by the guardians at the Miftahul Ulum Islamic Boarding School to exercise the right of ijbar in determining his daughter's potential partner? How to analyze muballah on the views of the guardians at the Miftahul Ulum Islamic Boarding School on the right of ijbar. This study uses a sociological approach to Islamic law to determine the relationship between the practice of ijbar and the Islamic boarding school community and its influence on the structure of the pesantren. To analyze the views of the guardians regarding the use of the right of ijbar using the mublah. The findings of this study are, first, the practice of the right of ijbar occurs in families at Miftahul Ulum Islamic Boarding School. Of the nine families studied, almost all married with the absolute authority of a guardian. In practice, it shows the dominance of guardians over girls who are under their guardianship. This raises resistance from girls, even though it is only in the form of attitude and does not influence decisions. Second, the attitude of the guardian that underlies the practice of the right of ijbar, stems from the interpretation of the provisions of fiqh, namely: the obligation of parents to provide for their children, women's concerns about choosing the wrong partner, and the right of ijbar. can guarantee the achievement of the purpose of marriage. Third, from the perspective of mublah, the views of the guardians do not fulfill the element of mutuality between men and women, especially in the right to determine a partner. If in determining the prospective male partner is not bound by the right of ijbar, then this should also apply to women. But in reality, at Miftahul Ulum Islamic Boarding School, the practice of the right of ijbar applies to women and does not apply to men.

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