Ayah Tiri sebagai Wali Nikah

Marriage is a physical and mental bond between a man and a woman that aims to form a happy and lasting family. In marriage there are pillars and conditions that determine the validity of a marriage. One of them is the presence of a guardian. According to the views of the Ulama Madzhab, there are differences of opinion regarding guardians in marriage. In this study, the author examines the validity of stepfather as a marriage guardian based on the views of the madzhab imams, with a case study focusing on the Kraton District Religious Affairs Office (KUA), Pasuruan Regency. This research uses a qualitative approach with a comparative-analysis method. Data collection was conducted through interviews with the KUA, and strengthened by literature review of the fiqh books of the four main madhhabs: Hanafi, Maliki, Shafi'i, and Hanbali. The results of the study reveal that there are different views among the madzhab imams regarding the validity of stepfathers as marriage guardians.

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Publication Details

Journal
Komparatif Jurnal Perbandingan Hukum dan Pemikiran Islam
Published
2025-02-04
DOI
https://doi.org/10.15642/komparatif.v4i2.2477
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Ayah Tiri sebagai Wali Nikah

Riskha Fitri
Komparatif Jurnal Perbandingan Hukum dan Pemikiran Islam
Legal Studies and Policies
article

Ayah Tiri sebagai Wali Nikah

Riskha Fitri
article en

Abstract

Marriage is a physical and mental bond between a man and a woman that aims to form a happy and lasting family. In marriage there are pillars and conditions that determine the validity of a marriage. One of them is the presence of a guardian. According to the views of the Ulama Madzhab, there are differences of opinion regarding guardians in marriage. In this study, the author examines the validity of stepfather as a marriage guardian based on the views of the madzhab imams, with a case study focusing on the Kraton District Religious Affairs Office (KUA), Pasuruan Regency. This research uses a qualitative approach with a comparative-analysis method. Data collection was conducted through interviews with the KUA, and strengthened by literature review of the fiqh books of the four main madhhabs: Hanafi, Maliki, Shafi'i, and Hanbali. The results of the study reveal that there are different views among the madzhab imams regarding the validity of stepfathers as marriage guardians.

Komparatif Jurnal Perbandingan Hukum dan Pemikiran IslamVol. 4(2)
UIN Sunan Ampel Surabaya (ID)
Openalex Percentile: Top 89%
Legal Studies and Policies
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