In Islam, marriage is a bond of promise that justifies each husband and wife. With the marriage, it causes the husband to have to provide for his wife in the form of a living, kiswah and a place to live. However, according to most scholars, the obligation to provide a living can sometimes be lost when a wife is nusyûz. However, the opinion of the majority of scholars is not in line with the opinion of Ibn Hazm which states that the husband is obliged to provide a living for his wife even though the wife is in a state of nusyûz. Ibn Hazm's opinion about the obligation to provide a living for the wife of Nusyûz is seen from the time the marriage contract was established, whether the husband invited him to live at home or not. Because as long as there is a husband and wife bond, during that time there is also the right to live without providing other conditions, and all of that is adjusted to the conditions and abilities of the husband.

One result of the still limited understanding of the community in understanding the rights of ijbar wali is that the culture of forced marriage is still rooted. Ijbar rights should be interpreted as a form of protection or responsibility of a father towards his child. Because the condition of the child who is considered not yet or does not have the ability to act alone in marriage, it is even understood as a tool to legitimize the actions of parents to force their children to marry or marry their children with their choice, not their children's choice. This is because there are differences in Ulama and Ijbar rights which are also debated especially when faced with contemporary issues such as gender.

In line with the socio-religious dynamics in society, various problems surrounding fiqh have also developed, most of which have not been absorbed in the legal thinking of the scholars. Concerning issues commonly referred to as masa’il fiqhiyyah al-hadithah, scholars have institutional mechanisms to solve these problems. Nahdlatul Ulama, the most prominent Islamic religious organization in the country, is also concerned with masa’il fiqhiyyah al-hadithah through the Bahtsul Masa’il (BM-NU) mechanism. However, the BM-NU legal istinbath framework is unique, because it is different from the legal istinbath framework that previous scholars had—such as the legal istinbath framework used by Abu Hanifah and Muhammad Ibn Idris al-Syafi’i, also different from the legal istinbath framework with mass organizations. Other Indonesian Islam—such as the legal istinbath framework of the Persis Hisbah Council and the legal istinbath framework of Majlis Tarjih and the Development of Muhammadiyah Islamic Thought. The uniqueness is mainly because the legal istinbath framework adopted by BM-NU tends to present themselves as muttabi’ ulama and does not present themselves as mujtahid clerics as is generally understood by fuqahâ.

Marriage is considered valid if it has fulfilled the terms and conditions of marriage. Among the pillars of marriage are the consent and kabul. Based on the law of origin, the ulama agreed that the consent came from the bride, while the Kabul came from the groom. However, in the matter of ittishal between the consent and the marriage contract, the scholars have different opinions. If there is no ittishal between the consent and the marriage ceremony, then the contract is still considered valid while it is still focused on the contract procession and not for a long time. The objectives of the research are, (1) knowing and analyzing the opinion of Shaykh Nizhamuddin Al-Balkhi about ittishal between consent and kabul in the marriage contract, (2) knowing the basis of the legal arguments used by Shaykh Nizhamuddin Al-Balkhi regarding ittishal between consent and kabul in the marriage contract, and (3) knowing the ijtihad method used in his istimbath al-hukminya. In this thesis research the writer uses qualitative research methods, namely research methods that produce descriptive data in the form of words or written utterances from people or observed behavior. This type of research is a research library. The results showed, 1) The law of ittishal between consent and the marriage of marriage according to Shaykh Nizhamuddin Al-Balkhi in the fatawa al-hindiyyah book that ittishal between ijab and kabul nikah is only fi majlisin wahidin. The ittishal of the marriage contract that is valid in Indonesia is regulated in the Islamic Law Compilation (KHI) in article 27: consent and kabul between the guardian and the prospective groom must be clear in sequence and not intermittent. 2) The legal basis used by Shaykh Nizhamuddin Al-Balkhi in the matter of ittishal between consent and kabul akad nikah, namely the hadith of the Prophet narrated by Abu Dawud. 3) The ijtihad method used by Shaykh Nizhamuddin Al-Balkhi is qiyas. Shaykh Nizhamuddin al-Balkhi confirmed that the marriage contract was one majlis but did not work with the marriage contract that was represented and in a different place with the condition that there must still be witnesses.

This study aims to elaborate ideas and debates on human rights in the era of the Covid-19 pandemic. The point of view of this study is Islamic Sharia. This study uses a literature review method complemented by personal reflection to connect Islamic sharia ideas with social dynamics during the pandemic. Several relevant pieces of literature are reviewed and analyzed to find the suitable core of sharia ideas. By exploring some basic principles of human rights, this study concludes that in this era of the Covid-19 pandemic, some people view government policies as contrary to human rights because they have to experience many restrictions and pressures, such as the obligation to wear masks, vaccinations, social distancing, restrictions on worship activities, isolation. They also feel that their human rights have been violated by regulations requiring them to wear masks, feeling insecure by the threat of contracting the virus, losing their jobs, threats of death, and so on. On the other hand, some other humans support regulations and legal rules based on health protocols. The support of this second group is also for the sake of protecting human rights. They support the government’s policy of enforcing health protocols solely to avoid the danger of contagion of Covid-19 which can lead to severity and even death. In the perspective of Islamic Sharia, human rights which are based on freedom are actually limited by the rights of others. Freedom as one of the core of human rights is also balanced with obligations and responsibilities.