HAK PEREMPUAN MENIKAH TANPA WALI DALAM PANDANGAN IMAM SYAFI’I DAN IMAM JA’FARI

Abstract

A Woman’s Right to Marry without a Guardian According to Imam Syafi’i and Imam Ja’Fari To marry without a guardian and the issue of the marriage guardian are legal marriage issues that always  arouse debate among Muslims. In classical literature, “it seems” women do not have the right to marry without a guardian. This paper examines whether women have the right to marry without a guardian and the  issue of guardians. This matter not explained explicitly or in detail by the Prophet resulting in a multiplicity  of interpretations. Religious leaders and schools of thought, as well as the State, discuss and examine these issues from a variety of perspectives. This paper explains the view of Imam Shafi’i and Iman Ja’fari, based on content analysis ond library-based research. This study looks firstly at patterns of thought and socio-cultural life according to Imam Shafi’i and Imam Ja’fari. Secondly, it discusses their views on the women’s right to marry without a guardian. Lastly, it explores the implications of their thought on the practice of women marrying without a guardian in Indonesia.