SIGNIFIKANSI KAFA'AH DALAM UPAYA MEWUJUDKAN KELUARGA BAHAGIA

KHOIRUDDIN NASUTION , - (2003) SIGNIFIKANSI KAFA'AH DALAM UPAYA MEWUJUDKAN KELUARGA BAHAGIA. Aplikasia Vol IV, No 1 Juni 2003.

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Abstract

One of the issues in Islamic marriage law, discussed among scholars since the classical period, is that of kafa'ah. Views differ, with some scholars arguing that kafa'ah is one of requirements for a marriage's validity, with invalidity resulting from its nonfulfillment. Others see kafa'ah only as a recommendation for the sustainability of family life and harmony between husband and wife. On this view, the validity of a marriage is not determined by kafa'ah. A related issue is that of qualifications, about which scholars also disagree. The Hanafi school, for instance, stated six qualifications of kafa'ah, Syafi'i five qualifications, while Maliki only three. This paper investigates these issues of status and qualifications, both from classical and contemporary points of view, after discussing the meaning, basis and origins of the concept of kafa'ah in Islamic marriage law. It will be shown that differing points of view as to the status of kafa'ah result from differing understandings of the basis of kafa'ah. Similarly, the differing views as to the qualifications can be explained by the different contexts (spatial and temporal) of the relevant scholars.

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