Konsep wali nikah dalam perspektif ulama klasik dan modern

This paper explores the concept of marriage guardian in Islamic jurisprudence by examining its interpretation and application by scholars from classical schools such as Hanafi, Maliki, Shafi'i and Hanbali, and comparing it with the views of contemporary scholars. The role of the marriage guardian is very important in the Islamic marriage contract, especially as it usually involves a male guardian consenting to a girl's marriage. The study also examines the perspectives of modern scholars who consider the evolving context of society, gender equality and women's autonomy. By comparing classical and modern interpretations, this study highlights the dynamic nature of Islamic legal thought as well as the ongoing discourse regarding the balance between traditional values and modern principles of individual rights and freedoms. The analysis aims to provide a comprehensive understanding of the role of marriage guardians, its historical roots and its relevance in today's socio-legal landscape.

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Publication Details

Journal
Al-Muqaranah
Published
2024-08-26
DOI
https://doi.org/10.55210/jpmh.v2i2.446
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
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article

Konsep wali nikah dalam perspektif ulama klasik dan modern

Nur Faizah
Al-Muqaranah
Gender and Women's Rights
article

Konsep wali nikah dalam perspektif ulama klasik dan modern

Nur Faizah
article en

Abstract

This paper explores the concept of marriage guardian in Islamic jurisprudence by examining its interpretation and application by scholars from classical schools such as Hanafi, Maliki, Shafi'i and Hanbali, and comparing it with the views of contemporary scholars. The role of the marriage guardian is very important in the Islamic marriage contract, especially as it usually involves a male guardian consenting to a girl's marriage. The study also examines the perspectives of modern scholars who consider the evolving context of society, gender equality and women's autonomy. By comparing classical and modern interpretations, this study highlights the dynamic nature of Islamic legal thought as well as the ongoing discourse regarding the balance between traditional values and modern principles of individual rights and freedoms. The analysis aims to provide a comprehensive understanding of the role of marriage guardians, its historical roots and its relevance in today's socio-legal landscape.

Al-MuqaranahVol. 2(2)
Universitas Gresik (ID)
Gender equality
Openalex Percentile: Top 78%
Gender and Women's Rights
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