The Conflict among Hadrami Arab Community in Malaysia Regarding the Issues of Kafā’a in Muslim Marriage

Noor, Zanariah; Lee, Nazirah

doi:10.1163/15692086-12341249

Cited by 2 publications

(2 citation statements)

References 16 publications

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“…How is the next, is the law of kafa'ah will sustain or change in the mid of globalization? In the Malay World (Noor, 2014, Lee, 1985, the problem of the law of endogamy marriage is faced by several Syarifahs. For example, in Malaysia and Singapore, many different interpretations of the marriage law, which many of them are from the Shafi'i school, created dilemma for Muslims for the issue of kafa'ah in a Muslim marriage, including for the Arab communities in Malaysia divided into two groups: the Sayyid and the Non-Sayyid.…”

Section: How Is the Next?mentioning

confidence: 99%

Kafa’ah among the Hadrami Arabs in the Malay World (Anthropology of Law Approach)

Subchi

2020

JCH

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This article explores how Hadrami Arabs have been maintaining the law of kafa’ah marriage or endogamy marriage in the Malay world—in this instance Indonesia and Malaysia and, to some extent, Singapore—from the early 1990s to the present. Arabs, mostly of Hadrami descent, are carrying their traditions everywhere in their diaspora. Moreover, those traditions are related to the Islamic law of endogamy marriage. This study employs a qualitative research method. Library research is used in collecting data, published or unpublished documents. Data sources are done with a web search using the following databases: Google Scholar, Ebsco-host, Research gate, Sage Journal, Scientific Electronic Library Online (SciELO), and others. The results and discussion of the research explain that the process of the establishment of the tradition of endogamy marriage has begun since their existence in Hadramaut to preserve offspring, because they became the target of the murder of the Umayyad dynasty. In Hadramaut, they established Naqabah Asyraf Kubra, which served to record the genealogy and maintain the Syarifah ((female descendants of Prophet Muhammad) in order to obey the law of endogamy marriage. On the other hand, this paper will also examine issues related to the existence of the Arab’s community diaspora in the state order in the legal perspective reviewed from the guarantee of its legal certainty. The conclusion in this study is that in the end the issue of Syarifah marriage with this akhwal depends very much on the perspective of the community either from Alawiyyin group or not. Rigid attitudes towards traditions supported by religious propositions will still be able to preserve this. However, how big is the tradition of the law of endogamy marriage able to withstand the onslaught of globalization and modernization that continues to run, because some Syarifah groups question and even break out of or disobey this tradition.

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Section: How Is the Next?mentioning

confidence: 99%

Kafa’ah among the Hadrami Arabs in the Malay World (Anthropology of Law Approach)

Subchi

2020

JCH

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“…Based on the location of the community and other elements in the area, kafa'ah, which is a requirement that originated from a culture in a certain civilisation has various features. 4 In Islam, Noor (2014) stated that marriage which is noble and sacred carries the meaning of worshipping Allah, following the sunnah of the Prophet Muhammad SAW and carrying it out on the basis of sincerity, responsibility, and following legal provisions. 5 In the Republic of Indonesia Law No.…”

Section: Introductionmentioning

confidence: 99%

Sex Morality as the Essence of Kafa’ah in Marriage According to Kitabun Nikah Al-Banjary and the Community of Banjar

Hafidzi¹,

Hasan

Muzainah

et al. 2023

FIQH

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The purpose of this study is to ascertain the opinions of Shaykh Arsyad al-Banjary regarding the significance of sexual morality as the foundation of kafa’ah, both before and after marriage, the trend inclination of sexual orientation of household residents in Banjar, South Kalimantan. The al-Banjari Kitabun Nikah chapter on domestic sex morals, which was composed in the 17th century in Malay-Jawi was studied. Complementary information from three married participants was used in determining the ethical restrictions on sex in marriage as part of kafa’ah (eligibility at marriage). Having healthy children is one of the objectives of a marriage. The husband and wife must engage in sexual activity for this to happen. This study shows that having sexual ability is a key component of marriage, and that if one wants to get married, one should find out about one’s sexual ability from a medical professional. Many people, however, believe that sex is always about having fun. To ensure that neither partner feels disadvantaged, sexual encounters must be carried out on the basis of mutual needs and liking.

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The Conflict among Hadrami Arab Community in Malaysia Regarding the Issues of Kafā’a in Muslim Marriage

Cited by 2 publications

References 16 publications

Kafa’ah among the Hadrami Arabs in the Malay World (Anthropology of Law Approach)

Kafa’ah among the Hadrami Arabs in the Malay World (Anthropology of Law Approach)

Sex Morality as the Essence of Kafa’ah in Marriage According to Kitabun Nikah Al-Banjary and the Community of Banjar

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