Tinjauan Maqa>ṣid Al-Syari>ʻah Terhadap Rekonstruksi Konsep Kafa>’ah dalam Pernikahan

Abstract

This research is a descriptive qualitative literature research using the maqa>s}id al-syari>'ah approach which prioritizes the substance of the shari'ah arguments and the benefit of the ummah. This study seeks to update the concept of kafa>'ah according to the maqa>s}id al-syari>'ah point of view to suit the social conditions and traditions of the people because historically, at first the concept of kafa>'ah emerged in response to the social conditions of the people. . The results of this study are that Islamic law has an egalitarian nature which considers all humans equal before Allah swt, so there is no kafa>'ah criteria that can be standardized in assessing the quality of a person to be a potential partner. Along with changing times, the condition of the ummah and locality, understanding and application of the concept of kafa>'ah also experienced changes such as criteria from a religious point of view, previously criteria in terms of religion were interpreted as Islam, piety and istikamaan then turned into mass organizations, sects and manhaj. Therefore reconstructing the concept of kafa>'ah is a necessity, from the point of view of maqa>s}id al-syari>'ah, the criteria for kafa>'ah must be based on the cultural conditions and social conditions of each community, even though they still pay attention to the valuescontained in the law. the arguments related to the concept of kafa>'ah. In addition, the most important thing to note in the concept of kafa>'ah is on the basis of willingness so that there are no more skats that can affect the sustainability of the household, be it religion or sociality.