Al-Hukama: The Indonesian Journal of Islamic Family Law
Vol. 4 No. 1 (2014): Juni 2014

Pernikahan Syarifah dengan Non-Sayyid di Patokan Kraksaan Probolinggo Perspektif Imam Malik dan Imam Syafi’i




Article Info

Publish Date
01 Jun 2014

Abstract

This article focuses on sharifah marriage with non sayyid man in village Patokan, Kraksaan, Probolinggo within the perspective of Imam Malik and Imam Shafi’i. In this village, there are two cases of marriage between sharifah and non sayyid. First, the marriage between sharifah and non sayyid implemented with the consent and approval of her guardian. Second, the marriage between sharifah and non sayyid conducted without the permission and consent of her guardian, the sharifah is married by a judge guardian. Imam Malik and Imam Shafi’i view that the sharifah marriage with non sayyid man which carried out on the guardian’s permission is valid. The marriage conducted without the consent of the sharifah’s guardian, according to Imam Malik, is legitimate. Meanwhile, according to Imam Shafi’i, the marriage is null and void for lack of willingness of the guardian. Apart from the Priest’s opinions, in practice, the marriage between sharifah and non sayyid is being happy.

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Journal Info

Abbrev

alhukuma

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the ...