Misbah Khusurur
Dosen Studi Hukum Islam

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Journal : Jurnal Al-Wasith : Jurnal Studi Hukum Islam

MAKNA MUTTASHIL DALAM IJAB DAN KABUL PERNIKAHAN PERSPEKTIF MAZHAB SYAFI’I Irkham Taefuri; Misbah Khusurur
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.719

Abstract

In marriage there are several pillars and conditions, where if one of the pillars or conditions is not fulfilled, it could make the marriage invalid according to Islamic religious law. There are four pillars of marriage, namely: bride and groom (male and female), guardian (of the bride), two witnesses, sighat (consent and acceptance). In the Ijab and Kabul contract, there are conditions that must be fulfilled in order for the marriage contract to be valid according to Sharia, namely the continuity of the Ijab and Kabul. The meaning of continuity is that there is no separation between consent and acceptance. This type of research is Library Research (Library Research). Based on the data sources that I have collected and studied, I have come up with the meaning of muttashil in the ijab and kabul perspective of the Shafi'i school which refers to the books of Al-Umm, Syarhu al-Shagir, Syarhu al-Shaghir, Buku al-Majmu' . In the book al-Majmu' by Imam Nawawi, it is explained that if the consent and acceptance are interrupted by many words and long silences, if it can indicate the groom's turning away from the consent, the marriage contract will certainly not be valid, because it is not muttashil (continued ).
TINJAUAN HUKUM ISLAM TERHADAP IMPLEMENTASI PEMBERIAN MAHAR BERUPA TA’LIM AYAT AL-QUR’AN Ratna Komala; Misbah Khusurur
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 2 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v7i2.753

Abstract

The aim of this research is to find out about the law of giving dowry in the form of recitation of Al-Qur'an verses in marriage from the perspective of the Shafi'i school of thought and the implementation of giving dowry in the form of recitation of Al-Qur'an verses in marriage. The type of research in this thesis is library research, using a qualitative approach, a research procedure that produces descriptive data in the form of written words that must be observed and analyzed. The method used is to examine the legal review of the dowry ta'lim verses of the Koran and matters related to the implementation of the dowry. From the research it can be concluded that in the Syafi'i school of thought, giving a dowry in the form of recitation of Al-Quran verses is permissible (mubah), because the dowry is a dowry in the form of services that can be paid for so that it is legally valid to be used as a dowry in marriage. The implementation or practice of giving dowry in the form of ta'lim verses from the Koran is as follows: The headman asks the prospective bridegroom about the dowry that will be given. The bridegroom answered the dowry by reciting the verses of the Koran. Then the dowry was handed over in the form of recitation of Al-Quran verses witnessed by many people. After the dowry is handed over, the qobul agreement is then carried out. The qobul consent is completed and closed with a prayer.