Konsep hadits kafa'ah tentang kriteria memilih pasangan dan implikasinya dalam legislasi hukum Islam di Indonesia, pendekatan sosiologi hukum

Azizah, Ninik, Sumbulah, Umi and Toriqquddin, Toriqquddin (2025) Konsep hadits kafa'ah tentang kriteria memilih pasangan dan implikasinya dalam legislasi hukum Islam di Indonesia, pendekatan sosiologi hukum. Tebuireng: Journal of Islamic Studies and Society, 6 (1). pp. 98-118. ISSN 27468127; eISSN 27752151

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Abstract

This study aims to explore the concept of kafa’ah (equality or compatibility in marriage) in the hadith regarding the criteria for selecting a spouse and its implications in the legislation of Islamic law in Indonesia. This research is qualitative in nature, based on library research, with a legal sociology approach as its analytical framework. The findings of this study indicate that the continuity of the blueprint in the hadith’s message about kafa’ah, which prioritizes religion as the primary criterion in choosing a spouse, has influenced the legislation of Islamic law, including in Indonesia. The insya’ (directive) speech in the hadith’s text (matan) serves as evidence that the Prophet Muhammad (SAW) sought to actualize the values of Islamic law, both formally and materially, in accordance with his position as the holder of divine authority (al-Syari’ Majaziy) and state authority. In later periods, this authority was represented by rulers/governments (in Indonesia, consisting of legislative, executive, and judicial institutions), as seen in Article 61 of the Compilation of Islamic Law, which prohibits marriage due to a lack of kafa’ah in religion. This influence has several implications: (1) a paradigm shift in marriage law from diyani (religiously oriented) to qadha’i (judicially enforced); (2) the emergence of semi-autonomous legal material, leading to semi-responsive legal implementation; and (3) an ethical shift from solipsistic to universal ethics.

Item Type:	Journal Article
Keywords:	Hadith; Kafa’ah; Legal Sociological Approach; Islamic aw
Subjects:	16 STUDIES IN HUMAN SOCIETY > 1608 Sociology > 160806 Social Theory 18 LAW AND LEGAL STUDIES > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems) 22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220403 Islamic Studies > 22040302 Al-Hadits, and related science
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Mufid Mufid
Date Deposited:	20 Oct 2025 11:35

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