Alfi Hasanah, Zulkifli, Jumni Nelli

Kedudukan Perempuan Dalam Saksi Nikah Dan Relevansinya Terhadap Saksi Nikah Perempuan Di Indonesia

Introduction

Kedudukan perempuan dalam saksi nikah dan relevansinya terhadap saksi nikah perempuan di indonesia. Telusuri kedudukan perempuan sebagai saksi nikah dalam Hukum Islam dan relevansinya di Indonesia. Analisis perbedaan pandangan ulama serta implikasinya pada validitas pernikahan dan KHI.

Abstract

The issue of marriage witnesses and its relevance to female marriage witnesses is a topic related to Islamic Law and the principles related to marriage. In Islam, marriage witnesses are an important element in the marriage process, and the presence of fair and legal witnesses is a requirement to ensure the validity of the marriage. The aim of this research is to determine the position of women as marriage witnesses and ensure the validity of the marriage and avoid fraud or injustice in the marriage process. In this research the author used a type of library research. The legal sources used are primary data in the form of hadiths regarding marriage witnesses, legislation and compilations of Islamic law, and secondary data in the form of books, journals and so on. The results of this research explain that the position of women in marriage witnesses and their relevance to female marriage witnesses shows that in Islam, there must be two witnesses to a marriage and they must be male. However, there are differences of opinion between some scholars about whether female witnesses are allowed or not. In terms of its application in the Indonesian context, the author is more inclined to agree with Imam al-Syafi'i's opinion which requires male marriage witnesses, because the arguments used in the case of female witnesses are more specific, and also more relevant to society and have been accommodated. in Indonesian laws and regulations such as KHI. However, the author does not rule out the opinion of Imam Abu Hanifah and others who allow female marriage witnesses.

Review

The paper titled "Kedudukan Perempuan Dalam Saksi Nikah Dan Relevansinya Terhadap Saksi Nikah Perempuan Di Indonesia" addresses a critical and pertinent issue within Islamic Family Law concerning the role of women as marriage witnesses. The abstract effectively outlines the research's scope, aiming to determine the position of women in this context and its implications for marriage validity, while also considering safeguards against fraud or injustice. Employing a library research methodology, the study draws upon a comprehensive range of primary and secondary legal sources, including Hadiths, national legislation, compilations of Islamic law, and various scholarly works. A significant strength of this research is its clear engagement with differing scholarly opinions regarding female marriage witnesses, specifically contrasting the views of Imam al-Syafi'i and Imam Abu Hanifah. The author's stated inclination towards Imam al-Syafi'i's position, which mandates male witnesses, is convincingly grounded by referencing the specificity of the arguments and its direct congruence with Indonesian legal frameworks, notably the Compilation of Islamic Law (KHI). This dual focus on classical Islamic jurisprudence and its application within the contemporary Indonesian legal system makes the research highly relevant and practical for both legal scholars and practitioners in the region, offering a robust foundation for understanding current legal positions. While the abstract clearly articulates the author's preferred stance, further nuanced discussion in the full paper could significantly enhance its scholarly contribution. Although dissenting opinions are acknowledged, a deeper exploration of the *specific* arguments or contemporary justifications from the perspective of those who allow female witnesses would enrich the debate, rather than merely "not ruling out" their opinion. Additionally, the abstract's aim to "ensure the validity of the marriage and avoid fraud or injustice" could be further substantiated with explicit argumentation in the paper, detailing *how* the chosen stance achieves these outcomes beyond a general assertion. Expanding on the "relevance to society" mentioned by the author could also involve briefly addressing potential counter-arguments or evolving societal perspectives on gender equality, even if ultimately reaffirming the paper's core argument.

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