Dissecting the Discourse on Women's Marriage Partnerin the Khazanah of the Sunni Madhzab

Abstract

The existence and validity of female guardians is still controversial. The majority of Madzhab Ulama (Maliki, Shafi'i and Hambali) female guardians are not allowed, in other words not valid in a marriage. In terms of the basic concept of the purpose of the existence of a marriage guardian is to protect the rights of women (the bride) but in reality sometimes they are neglected and even the family or the bride is less involved. Empirically, the reason why female marriage guardians are not allowed, because the figure of a woman who is weak, incompetent, slow and so on, under the control of a guardian (father, grandfather and so on), it is considered that she will not be able to marry herself and will not be able to marry other people, including marrying off daughters, even though she has close blood ties. This research is library research with the approach of the theory of mubadalah, intertwining, changing each other, exchanging each other. The analysis results show that ikhtilaf Sunni Madzhab scholars that occur, encouraging scholars to provide an answer related to the development of space and time (era) in the issue of women's marriage guardians, therefore the Hanafi Madzhab allows the absence of a guardian in a woman's marriage contract provided that the husband is suited and the dowry is appropriate and appropriate.In the perspective of mubadalah, it can be seen that the hadith texts sometimes seem to give different positions between men and women, especially in the field of marriage, such as the position of marriage guardian for women.