TINGKATAN PERWALIAN DALAM PERKAWINAN PERSPEKTIF FIKIH DAN KOMPILASI HUKUM ISLAM

Abstract

Marriage is the sunnah of the Prophet which is practiced by followers of religions, especially Islam. In carrying out religious teachings, there are several pillars of marriage that must be fulfilled, including a marriage guardian because a guardian is one of the pillars of marriage that must be fulfilled in marriage. The issue of marriage guardians is different for each Fuqaha' because they have different reasons and legal bases. The results of research on the levels of guardians in marriages of Islamic jurisprudence scholars have different views regarding the order or levels of guardians. This happens because there is no information (text) that can be used as a guide to determine this level. Levels of guardian according to Abi Ishaq Burhanuddin Ibrahim bin Muhammad: First, father, based on a hadith. The person who has the most right to be the marriage guardian for an independent woman is her father. For the reason that a father has full power over a child, because he is the person who loves and cares more about his own child and conversely a child also has full power over the father's inheritance. Both father's brothers, grandfather and above, because grandfather is the one who gives birth to children and grandchildren. Third, the grandfather's son (uncle) and the uncle's son (cousin). They are positioned like their father because they have a close lineage and can also get 'ashabah inheritance. But Jumhur Ulama' is of the opinion, including Imam Syafi'i, Maliki, As-Tsauri, that the guardian is 'Ashabah, not dzawil arham or dzawis siham. Imam Syafi'i also said that a woman's marriage is not valid unless she is married by a close guardian (aqrobnya), and if there is no guardian of her aqrob, then she is married by a distant guardian (ab'adnya), and if there is none, then she is married by the ruler (hakim). ), and the order is as follows: (1). Father, (2). Grandpa, (3). Sibling brothers, (4). Half-brother, (5). The son of a sibling, (6). The son of his father's half-brother, (7). Second uncle, (8). Father's uncle, (9) Son of a biological uncle, (10). The son of his father's uncle, (11). Judge.