KONSEP KAFAAH PADA PERNIKAHAN: STUDI KOMPARATIF IMAM SYAFI’I DAN IBNU HAZM

Abstract

Abstract

This article explains 1) what is the concept of kafa'ah in marriage according to Imam Syafi'i's view, 2) what is the concept of kafa'ah in marriage according to Ibn Hazm's view, and 3) how the concept of kafa'ah compares according to Imam Syafi'i and Ibn Hazm. The type of research used is library research. The results of this research can be concluded that in view of the concept of kafa'ah in the marriage of Imam Syafi'i and Ibn Hazm, Imam Syafi'i is of the opinion that kafa'ah is aimed at maintaining safety and harmony in marriage, not for the validity of the marriage. In the sense that whether a marriage is valid or not does not depend on this kafa'ah. Marriage is still valid according to law even though husband and wife are not equal. It's just that the guardian and the woman concerned have the right to find a suitable partner. Regarding kafa'ah, Imam Syafi'i defines kafa'ah as equal or comparable between the prospective groom and the prospective bride. Meanwhile, Ibn Hazm expressed his opinion regarding kafa'ah, namely that all Muslims are brothers, it is not haram for a black slave to marry a descendant of the Bani Hashim, even a very wicked Muslim is in agreement with a noble Muslim woman as long as she does not commit adultery. Ibn Hazm issued a legal istinbat by postulating in surah al-hujurat verse 10 which means: "Indeed, believers are brothers".

Keywords: Marriage, Kafa'ah, Imam Syafi'i, and Ibn Hazm