HIRFAH SEBAGAI KRITERIA KAFA’AH DALAM MEWUJUDKAN KELUARGA SAKINAH PERSPEKTIF IMAM SYAFI’I DAN IMAM MALIK

Abstract

Abstract

Madzhab scholars have different thoughts on the law of hirfah as a criterion for kafa'ah in creating a sakinah family. It would be interesting if a study regarding the law of hirfah as a criterion for kafa'ah was examined comparatively between two Imams of madhab with different backgrounds, of course, it would lead to changes in the existence of a law. Therefore, in this research, the formulation of the problem is (1) how is hirfah a criterion for kafa'ah in forming a sakinah family from the perspective of Imam as-Shafi'i's thinking? (2) What is hirfah as a criterion for kafa'ah in forming a sakinah family from the perspective of Imam Maliki's thinking? and (3) What are the differences and similarities between hir fah as a criterion for kafa'ah in forming a sakinah family from the perspective of Imam as-Syafi'i's thinking and Imam Maliki's thinking? This research is library research, namely research carried out by examining library materials, in the form of books, fiqh books, and other sources that are relevant to the topic being studied. Meanwhile, the type of research is qualitative research, because the technical emphasis is more on text study. The results of the analysis from this research illustrate the legal implications of hir fah as a criterion for kafa'ah in marriage according to Imam as-Syafi'i, the matter of kafa'ah is taken into account because if there is a lack of kungfu, one of the parties has the right to cancel the marriage (Kazakh). Meanwhile, Imam Maliki does not take hirfah into account as a criterion for kafa'ah, so if there is a lack of kufu, one of the parties does not have the right to cancel the marriage. Imam Maliki, who is a hadith expert, established the law of hirfah as a criterion for kafa'ah using hadith which was confirmed by the consensus of the ahlu of Medina. Meanwhile, during his lifetime Imam as-Syafi'i often moved around so that he had more contact with cultural complexity, his opinion about hirfah as a criterion for kafa'ah was more influenced by comparisons with qiyas, namely analogizing his opinion with a particular case that occurred in several places where he used to live.

Keywords: Hirfah, Kafa'ah, Sakinah Family, Imam Syafii and Imam Malik