KETENTUAN SAH NYA LAFAZ DALAM PERNIKAHAN OLEH WALI PEREMPUAN DAN CALON SUAMI SERTA CALON SUAMI ISTRI YANG DI SYARI’ATKAN

Abstract

This study aims to determine the sentences that will be pronounced by a female guardian and the prospective husband based on the book Fathul Qorib, particularly in cases where a guardian wants to marry off their child to the prospective husband in a valid sentence agreed upon by scholars. This research uses a literature review methodology by analyzing the original sources, namely the text of Fathul Mu'in. The results of the study show the contract and the validity of the contract, the contract in (Penta’yinan), the prospective wife as prescribed by Islamic law, and marriage through breastfeeding according to Islamic law. In Fathul Qorib, the contract (akad) is a requirement for every prospective husband and wife, and the existence of the contract is a condition for the validity of the marital relationship. This book also contains provisions regarding a woman who is going to be married in Islam to avoid misunderstandings about whether she still has a husband or not, whether her waiting period (iddah) has ended, and it explains the prohibition of marrying someone who has been breastfed by the same woman. Nevertheless, Fathul Qorib emphasizes that what makes the relationship between a man and a woman lawful is the marriage contract (akad) and it forbids marriage between foster siblings. This study concludes that for a relationship between a man and a woman to be halal, there must be a contract (akad), and part of that includes the procedures and the wording, which must comply with Islamic law.