Reconstructing The Concept Of Kafa'ah In Marriage: The Perspective Of Islamic Law And Social Reality

Abstract

This research aims to reconstruct the concept of kafa'ah in marriage by considering the perspective of Islamic law and modern social realities. Kafa'ah, which in the fiqh tradition is often associated with equality in descent, social, economic and professional status, in practice often becomes an obstacle in marriage, especially when it takes precedence over religious and moral aspects. This research uses library research methods with a juridical-normative approach and conceptual analysis, which focuses on sources of Islamic law such as the Al-Qur'an, hadith, classical jurisprudence books, ulama fatwas, and marriage legal regulations in Indonesia. The research results show that kafa'ah should not be understood as an absolute requirement, but rather as a flexible factor that aims to create a harmonious household based on Islamic values. The maqashid sharia approach emphasizes that kafa'ah must be more oriented towards faith, piety and morality, not just worldly aspects. Apart from that, the role of ulama, religious institutions and premarital education is very important in providing a more moderate understanding of kafa'ah. Thus, this research offers a new meaning to kafa'ah that is more relevant to the social dynamics and needs of Muslims in the modern era.