Kedudukan wall perkahwinan dalam islam: kajian perbandingan menurut pandangan empat mazhab
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Date
1998
Authors
Nyak Umar, Mukhsin
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Abstract
This study focus~s on the position of the maniage guardian in Islam. A
maniage is legally valid only when it has fulfilled all of its basic elements and
prerequisites. The availability of a marriage is one of the required prerequisites.
This thesis is divided into five chapters. The fn·st chapter serves to explain the
importance of the research and ils objet:tives. The sewnd chapter focuses on the basic
elements of a man1age and its prerequisites.: The third chapter deals with the issue of
marriage guardianship, fo!lowed by the fourth chapter which contains the arguments of
the ulama of the four schools of thought ov~r the issue of woman as a maniage
guardian. The conclusions of the study are given in the ftfth chapter together with some
suggestions.
All schools of thought generally agree that a man has the right to be the
marriage guardian. However they have different views regarding the guardianship of a
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woman. According to the Malild, Syafici and I_Ianbali schools of thought, a maniage is
invalid when the guardian is a woman. The Hanafi school of thought, however, pemtits
a woman to be the guardian.
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The aim of this study is to discuss the used by the four schools of thought in
detennining the prerequisites of a maniage guardian, and how they perceive the
evidence. This includes the issue of the position of woman in the matter.
The study found that J!anati's view which asserts that women are eligible to
be appointed as a maniage guardian is the strongest argument given with the intellectual
development and the progress of the modem age.
In view of the fact that the position of women as mani.age guardian is a new
issue in the academic world as well as in the Muslim society, particularly in the Far East,
it is discussed in great detail in t he fourth chapter and tltis is the main finding of tltis
thesis.
Finally this thesis presents its conclusions with a summary of findings followed
by recommendations which are of academic interest, besides being of importance to the
Muslim society in genera~ and the issue of maniage guardian in particular.
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Keywords
Wali perkahwinan , Empat mazhab