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Wali Nikah Dalam Kitab Fath Al-Qadîr Karya Ibnu Hummam Jamri
Al-Mizan Vol 8 No 2 (2021): Al-Mizan
Publisher : Fakultas Syariah dan Ekonomi Islam

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Abstract

Marriage has conditions and pillars that have been determined both in the Qur'an and in the Hadith. One of the conditions in the marriage contract is the presence of parents (guardians) and a representative. Guardianship, which was originally an ancient Arab culture that eventually became the Sunnah of the Prophet is an absolute requirement for women to be able to enter into marriage. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed, there is not a single verse of the Qur'an that clearly (explicitly) explains the existence of a guardian in a marriage contract. However, there are only verses that can be understood that require a guardian as in the letter Al-Baqarah verse 221. This paper briefly describes the marriage guardian contained in the book of Fath Qadîr Ibnû Hummam. The book of Fath al-Qadîr by Ibn Hummam was chosen to be the main source of study because it is one of the monumental works of all time in the field of Islamic Science, especially for the study of Islamic law and was born from one of the well-known fiqh experts to date. In the book of Fath Qadr it is explained that according to Ibn Hummam, guardianship in marriage is divided into two types, namely guardianship that is nadab/musthab and guardianship of ijbar.