THE MEANING OF GUARANTEE'S RESISTANCE (KEADLALAN) IN ISLAMIC MARRIAGE LAW OF INDONESIA
2023
Hasym M.W. | Luth T. | Hamidah S. | Aprilianda N.
This study aims to examine the meaning of the guardian's reluctance to Islamic marriage law in Indonesia. This research uses normative legal research. The results of this research explain that the prohibition of adlal basically cannot be separated from the legal status of guardians in marriage. The difference between the jurists in viewing whether the guardian is the main requirement or only a complement to marriage is also a reference in the issue of determining the fairness of the guardian. The legal status of a guardian gives rise to differences of opinion among the jurists, in which some see it as the main requirement, while others only see it as a complement. If examined in the maqashid sharia review, this distinction in the legal status of guardians is directly proportional to the condition of girls who are not all the same, both from a social and cultural standpoint, so the various views that exist can accommodate the diversity of existing social and cultural conditions.
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