TINJAUAN FIKIH SYAFI’IYAH TERHADAP WALI NASAB YANG ENGGAN MENIKAHKAN CALON MEMPELAI PEREMPUAN

Abstract

Abtract

The position of a guardian is very important as it is known that the right to be a marriage guardian for a woman is the right of the lineage guardian. Sometimes a marriage that has been agreed upon or approved by the prospective husband or prospective wife turns out to still have other parties objecting, namely the guardian. In reality, in society there are often problems where a nasab guardian is unable to attend the contract ceremony. Where if there is no nasab guardian, then the person who can replace his position is a guardian judge or appointing a muhakkam. However, a judge guardian cannot immediately become a guardian as long as there are close (aqrab) and distant (ab'ad) lineage guardians. Because in terms of their existence, nasab guardians are divided into aqrab guardians (close) and ab'ad guardians (far). In this writing the author only discusses the absence of the nasab guardian (aqrab) in marriage. This research uses a qualitative method of literature review (Library Research) by examining studies in Shafi'iyah jurisprudence books, books and electronic information related to the discussion. The results of this research show that guardianship is transferred to the guardian judge, in the case of an unseen guardian if the aqrab guardian travels far (masafatul qasri) or is not present but does not give power to a closer guardian who is there. Second, appointing a muhakkam, if it is difficult to find a Muslim judge or headman or there is no headman who wants to be a guardian because it conflicts with standard rules, then the woman's guardianship is given to a trusted Muslim man with a fair nature.

Keywords: Syafi'iyah Jurisprudence, Marriage, and Guardian of Nasab