MENTORING STUDENTS IN FOSTERING TOLERANCE AND ACCEPTING DIFFERENCES THROUGH BAHTSUL MASAIL AND MUNADHOROH ACTIVITIES AT THE DWK ISLAMIC BOARDING SCHOOL.

Abstract

This article discusses marriage guardians in the review of Imam Syafii and Imam Hanafi. As is known, marriage guardians are part of the marriage issue whose existence is still disputed. In a marriage, the concept of guardianship is an inseparable part because this is one of the legal requirements for Islamic marriage that must be fulfilled. Married women have to use guardians? The majority of scholars require it, but for Imam Abu Hanifah the status of marriage guardian in a marriage contract is sunnah, it is not a fardlu that can cancel a marriage, it's just that the guardian has the right to approve the marriage or not. And women can be guardians in a marriage contract, apart from that, women who are adult kamal al-ahliyyah can marry themselves or become their representatives. This paper is included in the type of library research, which is descriptive–analytical in nature. The data collection technique is to search for and collect books and journals or blogs, especially those related to the study of this problem, then use the Ushul Fiqh and Qaidah Fiqhiyyah approaches. Based on the results of the analysis carried out by the authors, the results are as follows. According to Imam Syafi'i, the presence of a guardian is one of the pillars of marriage, which means that without the presence of a guardian when carrying out the marriage contract the marriage is invalid. Imam Hanafi is of the opinion that if a woman enters into a marriage contract without a guardian, while her future husband is equal (kufu'), then marriage is permissible. Marries himself and his immature (small) daughter and can also represent someone else. But if the woman wants to marry a man who is not kufu', then the guardian can prevent her. According to the Hanafiyah group, the presence of a guardian in a marriage is Sunnah.