Fiqh Syafi’iyah's Perspective of Ordering Marriage Authorities in the Conduct of Marriage in Pante Village in Lhoksukon District
Guardian in a marriage is a very important element, its existence determines the validity of a marriage. In the Shafi'i school, it is stated that the guardian of marriage is one of the requirements for the validity of marriage. Only a marriage guardian has the right to marry a woman who is in her guardianship. This right is granted by Islam to the guardian of marriage, because women cannot marry themselves. In the book of Al Umm it is mentioned that any woman who marries without her guardian, then there is no marriage for that woman.
Imam Shafi'i and his followers argue that the obligatory marriage guardian departs from the hadith of the Prophet Muhammad, among whom the narrated by At-Tirmidhi comes from Siti Aisyah, namely:
أخبرنا ابن جريج, عن سليمان ابن موسى, عن ابن شهاب عن عروة, عن عائشة رضى الله عنها: أن النبى صلى الله عليه وسلم قال: ايما امراة نكحت بغير إذن مواليها فنكاحها باطل, فنكاحها باطل, فنكاحها باطل فإن دخل بها فلها المهر بما استحل من فرجها فإن استجروا فالسلطان ولي لمن لا ولي لها) رواه الترمذي (
Meaning: Telling us Ibn Juraij from Sulaiman bin Musa, from Ibn Shihab from Urwah, from Aisha r.a. that the Prophet Saw. said that anyone who marries without his guardian's permission, the marriage is canceled, canceled, canceled. If the husband has mengululinya, then the woman has the right to dowry as a barrier to his cock. If the guardians are at loggerheads, the sultan will be the guardian of a woman who does not have a guardian. (H.R. Tirmizi).
In the hadith, it is seen that a woman who wants to get married is required to wear a guardian, meaning that without a guardian the marriage is canceled according to Islamic law or the marriage is not legal. Thus there is no marriage in Islam if it is not considered valid according to Islamic law. In Islamic law guardian is a pillar of marriage, where its existence is an integral part of the marriage itself, so that the absence of a guardian, both guardian and guardian of the judge, causes marriage or marriage not to be considered legitimate.
In the Qalyubi book which is used as a reference in the syafi'iyah fiqh it is mentioned that the order of the guardian of marriage is as follows:
Father or father's father
Grandpa's father, even though he is up
Brother and father and mother
A father's brother
The son of a father and mother and brother, though down
The son of a father's brother, though down
Son of uncle
The person who freed him, if the woman had become a slave servant
Ashabah is the one who freed him
Sultan or successor (qadhi).
In the Kifayatul Akhyar Book which is also the standard book of the Syafi'iyah fiqh it is mentioned the order of the guardian of marriage, namely:
- Grandma (father of father)
- Sibling brothers
- Brother is good
- The nephew of the male sibling
- The nephew of a male brother
- Uncle's son.
Further stated that the most important guardian is father, because he is the cause. Then grandma, whose position is the same as father. Father and grandmother have great power over girls. If there are no fathers and grandmothers, then you will be like in those sequences, as in the order in asabah. If none of that exists, the guardian of the judge has the right to marry him off. Thus the order of the guardian in the legal marriage.
In a more complete and systematic manner, in the encyclopedias of Islamic law it is stated that the order and guardian of marriage according to Syafi'iyah fiqh are as follows:
- Mujbir guardian (guardian who has the right to force) or guardian of aqrab (close), namely:
- grandfather (father of father), up to the top
- slave owner (maula mu'tiq)
- If there is no mujbir guardian or aqrab guardian, then the guardian moves to the guardian of mukhtar (guardian who is not entitled to force) or guardian ab’ad (far)
Thus according to the Syafi‘iyyah, the order of the wali both the mujbir (wali aqrab) or the guardian of mukhtar (guardian ab'ad) is as follows:
-kakek (father of father),
grandfather's father reached the top,
brothers and sisters (seibu),
sons of siblings,
boys from brothers to the bottom,
uncle with father,
best friend with father,
uncle's sons and daughters with father,
uncle's son with father,
- uncle of grandparents with father,
grandfather's uncle with father,
- uncle's uncle with father and father
- then the son of my grandfather's uncle with father.
Next is the person who freed his slaves and asabah, according to the order of inheritance rights. If all the trustees do not exist, then the person who becomes the marriage guardian is a judge.
In the view of Syafi'iyah fiqh who has the right to be the guardian of the judge is the king or sultan or head of state, this is based on the hadith of the Prophet
Thanks for your attention
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