KONSEP ITTIHAD AL-MAJELIS DALAM PERNIKAHAN (STUDI PEMIKIRAN IMAM AN-NAWAWI DALAM KITAB RAUDAH AT-TALIBIN)

Fadhila Asyfi Indana, NIM.: 20103050131 (2024) KONSEP ITTIHAD AL-MAJELIS DALAM PERNIKAHAN (STUDI PEMIKIRAN IMAM AN-NAWAWI DALAM KITAB RAUDAH AT-TALIBIN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the practice of carrying out marriages that are still ongoing in society, new things have emerged that have the nature of ijtihad. This is because there are no detailed regulations or more specific rules to regulate this. One of the conditions for the validity of a marriage according to Imam an-Nawawi is ittiḥād al-Majlis. That is, the pronunciation of consent and acceptance must be at one time, and must be in one place. However, as time goes by with advances in human civilization and technology, weddings are now not only carried out in person, but many long-distance or online weddings are also emerging, such as weddings via telephone, video call, zoom, and many more. This is due to several factors that do not allow candidates to carry out the marriage ceremony in the same place. The problem in this research is what legal istinbat does Imam an-Nawawi use in judging the legal status of Ittiḥād al-Majlis and what is the relevance of Ittiḥād al-Majlis in marriage today. The method used in this research is qualitative, descriptive-analytical in nature. The approach used by legal sociology is using maşlăhah murlah's theory to analyze ittiḥād al-Majlis from Imam an-Nawawi's perspective. The results of research on the concept of Ittiḥād al-Majlis in marriage from Imam an-Nawawi's perspective are as follows: The legal istinbat method used or stipulated in the ittiḥād al-Majlis is the istidlal method. In his book, an-Nawawi quotes: ونقل القاضي أبو سعد الهروي: أن أصحابنا العراقيين اكتفوا بوقوع القبول في مجلس الايجاب قلت: الصحيح ، اشتراط القبول على الفو ر Abu Sa'ad al-Harawi said that his friend from Iraq was satisfied with the acceptance or consent that took place in one place. an-Nawawi reiterated that the qoul is authentic, the condition for acceptance is that it must be completed within that time. The relevance of Ittiḥād al-Majelis today, if analyzed using the maşlăhah murlah method, can help in understanding how the concept of Ittiḥād al-Majelis can be applied in modern situations that require adaptation and creativity in the implementation of Islamic law. This analysis can help resolve conflicts that may arise and maintain the continuity of Islamic law in the era of modern technology. Thus, Ittiḥād al-Majelis remains relevant in marriage contracts today because it is the foundation for the agreement of both parties in building a healthy and sustainable relationship in marriage.

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