AKAD NIKAH TANPA WALI (STUDI KOMPARATIF IJTIHAD HUKUM SYEKH ZAINUDDIN AL-MALIBARI DAN IBNU MAUDUD ALMAUSILY)

Ahsan Shiddiqi, NIM.: 19103060020 (2024) AKAD NIKAH TANPA WALI (STUDI KOMPARATIF IJTIHAD HUKUM SYEKH ZAINUDDIN AL-MALIBARI DAN IBNU MAUDUD ALMAUSILY). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The marriage contract without a guardian has become controversial among ulama, especially because the Hanafi School allows marriage without a guardian, which is different from the other three schools of thought. For this reason, the author compares the two views of scholars from the Syafi'iyah and Hanafiyah schools through their respective books, namely "Fath Mu'in" by Sheikh Zainuddin al- Malibari (Syafi'iyah) and "Al -Ikhtiyar Li al-Ta'lil al-Mukhtar" by Ibn Maudud (Hanafiyah). The aim of this research is: First, to understand the views of Sheikh Zainuddin al-Malibari regarding guardians in marriage contracts and legal ijtihad in "Fath Mu'in". Second, knowing Ibn Maudu's view regarding guardians in marriage contracts and legal ijtihad in "Al-Ikhtiyar Li al-Ta'lil al-Mukhtar". The type of research used in this research is qualitative research combined with library research in its data collection method which refers to primary, secondary data sources and also other sources that support this research. This research is a comparative analysis, namely describing, analyzing and comparing marriage contracts without guardians according to the opinions of Sheikh Zainuddin al-Malibari and Ibnu Maudud. the theory used by Maqasid asy-Syari'ah and bayani epistemology. The results of this research show one of the Maqasid ash- Syari'ah elements used in analyzing the opinions of Sheikh Zainuddin Al-Malibari and Ibnu Maudud in marriage contracts without guardians. The author found that the opinion of Sheikh Zainuddin al-Malibari places greater emphasis on the presence of a guardian in the marriage contract, because it aims to ensure that the bride's clear nasab (Hifz alnasl) is maintained. Meanwhile, Ibn Maudu's opinion emphasizes that women who have reached the age of puberty are considered to have sufficient maturity and capacity to make decisions regarding their soul mate and the course of their life without the need for the intervention of a guardian. This goes into the aspect (Hifz nafs). In Bayani's epistemological perspective, the results show that the two figures have different perspectives regarding the texts of the Qur'an and Hadith.

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