Mewujudkan Kesetaraan Gender Dalam Permasalahan Wali Nikah

Abstract

Marriage guardian is one of the marriage pillars in Islamic law. According to Imam Syafi’i, the marriage is void if the guardian's bride is not present. Therefore, according to Imam Hanafi, an adult woman allows to marry herself, whether she is a virgin or a widow. Then, how was a gender perspective talking about marriage guardians? The purpose of this study is to present contextual ijtihad to realize gender justice. This research is library research with a philosophical-contextual approach. No one can oppose or have authority more than a person itself, provided two conditions; first, its equivalent (sekufu’), second, the dowry not less than dowry mitsil. If the choice is not equal, the guardian or the parent has may oppose the marriage and submit to the Qadhi (judge) to annul the marriage. Likewise, if the man of her choice does not give the mitsil dowry, the parent also has a right to void a marriage.