KEDUDUKAN WALI NASAB DALAM PERSPEKTIF MAZHAB SYAFI'I DAN MAZHAB HANAFI SERTA RELEVANSINYA DENGAN KOMPILASI HUKUM ISLAM

Abstract

Moving on from differences in the understanding of the position of trustee nasab between Shafi and Hanafi school, the problem in this research is how the concept and position trustee Shafi nasab in perspective, how the concept and position of trustee nasab in perspective of the Hanafi school. how it compares in opinion between the two schools in the position of trustee nasab, and how the relevance of the two schools of opinion with Law 1 of 1974 and KHI. The purpose of this study, namely (a) know the concept and position of trustee nasab according Shafi perspective; (B) know the concept and position of trustee nasab according to the Hanafi perspective; (C) determine the ratio between the two schools of thought about the position of trustee nasab; (D) determine the relevance of the two schools of opinion with Law 1 of 1974 and KHI. The results of this study indicate that Shafi argues nasab guardian in a marriage is a mandatory requirement that must be met by the bride. This opinion was based on the Qur'an, the Hadith and the customs of the Arabs. While in the Hanafi states that the guardian is not a requirement nasab validity of marriage, but as a complement a wedding. Basic Hanafi in their opinion this was based on the Qur'an, the Hadith and the laws of reason. The causes of the differences between the two sects are, (a) the difference in understanding the meaning implied in the Qur'an or hadith; (B) the difference in understanding vocabulary into istinbāţ basis in law; (C) differences in the practice of the rules of origin of law; (D) differences in terms of the position as well as the existence of reasonable and customary istinbāţ the basis of Islamic law; and (e) differences in local conditions and community at the time of birth and the development of both schools. Next result is the position of trustee nasab in Indonesia was governed by Law No. 1 of 1974 Article 6 paragraph (2), (3) and (4) which assumes a valid marriage, even without a guardian nasab, when women aged 21 (twenty-one) years and above.