TINJAUAN HUKUM PERKAWINAN Dl INDONESIA TERHADAP KONSEP KAFA'AH DALAM HUKUM PERKAWINAN ISLAM

Syafrudin Yudowibowo

Abstract

The aims of this study are to gain an overview of the kafa'ah concept in Islamic marriage law and compare it to the marriage law in Indonesia. This study is evaluating the prescriptive legal concepts and legal norms as a source ofsecondary research. Thisstudy use a comparative approach in order to make a comparisons Kafa'ah concept in Islamicmarriagelaw and the LawNo. 1 of 1974 on Marriage and INPRES
No. 1 of 1991 on the Compilation of Islamic Law Book I of Marriage. The data used in this study were obtained from the literature. Deductive logic used as a method to analyze the law issue. The conclusion is obtained by usingmajorand minorpremises.Theresultsindicated essentially, Islamic lawdoes notstipulate thata male should onlybe married to the womanwhose thingsin commonbothinposition, wealth, ethnicity and so on. Islam did not make the rules regarding kafa'ah, but the humans that set it. Islam considers that human beings are created equal. Do not set people who can not affordnot to be able to marry, the Arabs can not many a non-Arabpeople, and so on. Tobe able to establish and create a familysakinah, mawaddah and mercy, the scholars suggest thatthere is a balance, harmony, proportionality (there is kafa'ah) between  the future husband and wife. Law No. 1 of 1974 concerning maniages in temis ofarticle 2, paragraph 1 of the draftKafa'ahthe principleofequality is only validonly in the matterofreligionprofessed by each bride. Although not explicitlyprohibit the state ofinter-religious marriagesare different but in the article requires that marriages performed according to each religionand belief. However, Article 61 of the Compilation of
Islamic Law states that "no sekufu not be used as a reason to prevent the marriage, but not sekufu (kafa'ah) due to religious differences or ikhtiiaafu al deen."

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