Sistem persaksian dalam akad perkawinan di kalangan Madzhab hukum

Ridwan, Ridwan (2022) Sistem persaksian dalam akad perkawinan di kalangan Madzhab hukum. -. (Unpublished)

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Abstract

Fair witnesses are an important part of a marriage contract. Jumhûr Ulamâ agreed that the validity of marriage is one of them if attended by two just witnesses. While Hanafi priests argue that marriage remains valid despite witnessing two evil witnesses. Understanding in general is a hard person in carrying out the rules of Allah SWT and keeping his murrah. While the evil ones are those who come out of the obedience of Allah SWT and His Messenger. Imam al-Syafi'i's opinion is still relevant to be practiced today, other existing marriage proof instruments such as the Marriage Certificate and Isbat Marriage are still needed because they have many benefits and to avoid future difficulties. In observing the marriage of the maqâshid al-syarî'ah which is attended by a fair witness aiming to preserve the benefits and reject the damage, the main benefit is to preserve the offspring (hifz al-nasl) of their rights. The minimum fair standard is sufficient to be seen zahir alone, if humanity istiqomah witnesses observing the Shari'ah of Allah and behaves well then it is included in the fair category.

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