Pendapat Imam Syafi’i tentang Hak Ijbar Wali: Suatu Kajian Berperspektif Gender

Abstract

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.

Reactualization of Wali Mujbir in the Modern Era: Maqasid Sharia Analysis of Imam Shafi’i’s Concept Regarding Wali’s Ijbar Right

“…Sahal Mahfudh is to use the textual method (madzhab qauly), and both are contextual/methodological methods (manhajy) at once. 5 Meanwhile, Rabiatul Adawiyah's research shows that, first, according to Islamic law, wali mujbir have the right to get their daughter married to a man without their child's consent as long as they fulfill the specified requirements. The status of marriage at the will of the wali mujbir who meets the requirements is valid in religious law but not under Law Number 1 of 1974 concerning marriage.…”