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Journal : Asasi: Journal of Islamic Family Law

Studi Fenomenologis Pernikahan Dini Dikalangan Santri Di Pondok Pesantren Wilayah Kecamatan Palengaan Muchlis Muchlis
ASASI: Journal of Islamic Family Law Vol. 2 No. 1 (2021)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v2i1.109

Abstract

Early marriage among santri is a social phenomenon in society. This early age is more about the age of education that is being undertaken. the practice for santri is different from that among young people who incidentally ended up in divorce on the basis of previous research. while the santri based on their religious beliefs are better able to defend it. This study uses qualitative research with a phenomenological study approach to reduce individual experiences of phenomena to a description of an essence by presenting primary data, namely the results of observations, interviews, and documentation. Early marriage among the students of Islamic boarding schools in the Palengaan sub-district, some are married and continue their education or choose to drop out of education, some are married to be the choice of students with the blessing of both parents and teachers. The factors are the will of parents, family, lack of parental education, their own will even because of economic limitations to continue to higher education. The impact of early marriage is positive and negative, but what dominates more is the negative impact, especially the social impact related to social relationships to become a complete family in the social structure and the psychological impact that makes mender to take part because of the immature mental, spiritual and so on. encouraged by the age of the students who are still early.
Wali Mujbir dan Kebebasan Memilih Pasangan Bagi Perempuan Persepektif Ulama Kontemporer dan Fiqh Klasik Muchlis Muchlis
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.196

Abstract

Marriage is a sacred activity that binds men and women in a family bond called a contract. Of course, dealing with it also really needs strengthening of heart and mind in order to create a lasting marriage and intertwined sakinah family, mawaddah warohmah. Including the requirements of pillars that must be met in marriage, namely the guardian of the woman, basically the guardian has the right of ijbar to his daughter (Imam Syafi'i) but this remains within the requirements that must be met and does not differ from the criteria determined by Islam. However, in context, today's women are starting to be reluctant to be forced into marriage by their guardians due to the progress of the globalization era. So that many guardians' ijbar rights in marriage have not been realized on the pretext that the daughter couple is happy with the candidate they choose. So in this case there is a very dynamic difference between madhhab priests and contemporary scholars, this is due to the emergence of a misalignment of khitob propositions against generality which occurs especially in this technologically advanced era when dealing with the arguments of the hadith of the Prophet Muhammad.