Kalimat Selingan Antara Ijab dan Kabul Dalam Pernikahan Menurut Pegawai Kua Balikpapan Timur

Authors

  • Khusnul A’liyah STIS Hidayatullah Balikpapan
  • Sri Hartati STIS Hidayatullah Balikpapan

Keywords:

compilation of islamic law, ijab and qabul, maqāsid shariah

Abstract

According to the Compilation of Islamic Law (KHI) Article 27, the phrases of ijab and qabul in marriage must be pronounced consecutively, without any gap, and there should be no intervening statements. This view is supported by two employees of the Marriage Office (KUA) in Manggar, East Balikpapan. However, one employee believes that an intervening statement between ijab and qabul does not violate Article 27 of the KHI, as long as the statement does not alter the meaning of the contract. This study aims to explore the views of KUA employees and the Islamic legal perspective on this issue. This field study uses a descriptive qualitative approach, with data collected through observation and interviews, then processed through editing and categorization. The subjects of this study are active KUA employees, while the object is their perception of intervening statements in marriage. The findings show that two out of three KUA employees disagree with intervening statements, considering them a violation of KHI Article 27. However, one employee believes they are not a violation, supported by scholars like al-Juwaini, who argues that ijab and qabul do not have to be consecutive. This issue is a difference of opinion among scholars, but it does not contradict Islamic law, as the maqāsid of Shariah are prioritized.

Downloads

Published

2024-12-21