Marriage Practices From Syafi'iyyah Fiqh Perspective

Abstract

Among the pillars of marriage is the ijab qabul, either in the form of words, writing or gestures that express the desire for the contract to occur, while qabul is a statement that comes from the second party in the form of words, writing or gestures that express their approval and pleasure. People with speech disorders (dumbness) have obstacles when pronouncing. Article 29 paragraph (1) Islamic Law Compilations explains that the person who has the right to pronounce the qabul is the prospective groom personally. In some cases, the marriage contract is carried out by representing a third party as an intermediary (representative) to say the consent and qabul. The research objective to be achieved is to analyze the marriage contract model with signs from the perspective of Shafi'iyyah Fiqh and how it is practiced in the Office of Religious Affairs. This research is a qualitative descriptive analysis, the approach used is phenomenological. The results of the research are 1) The marriage contract model with signs from the perspective of Shafi'iyyah Fiqh is valid and generally only applies to mute people who are unable to pronounce qabul. However, if you are good at writing, then your marriage contract can use both guidelines, namely as explained in the books of the Shafi'iyyah school of thought, namely the Tuhfatul Muhtaj Book, the iannatut thalibin Book, the Hamisy al-Iqnaa Book and the Radd Al-Muhtaar Book. 2) The practice at the Religious Affairs Office is to provide guidance and rehearsal of the pronunciation of the marriage vows for the guardian and the groom by presenting witnesses before the contract is carried out, so that when the contract is carried out the guardian uses sign language that can be understood by the groom so that the signs can be understood by the witnesses. As for the qabul, the groom need to answers with hand gestures and nods of the head, gesturing qabul and writing.