根据伊斯兰法,将 Nasab 监护人转移到 Teungku Dayah 的婚姻

M. Maghfirah
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引用次数: 0

摘要

本研究的动机来自亚齐勿萨行政区英金贾亚区的一个案例,在该案例中,有一桩婚姻的监护人根据伊斯兰教法将纳萨布转移到了 Teungku Dayah。瓦卡拉(wakalah)或过渡合同主要是指,如果纳萨布婚姻的监护人需要别人做一些他自己不能做的事情,并在双方同意的情况下要求别人去做,那么就会有人使用这种合同。因此,研究人员有兴趣研究是什么因素导致了婚姻监护权从纳萨布监护人转移到 Teungku Dayah,以及伊斯兰法的规定对纳萨布婚姻监护人转移到 Teungku Dayah 的过程意味着什么。采用的研究方法是实地调查和图书馆研究。研究结果表明,伊斯兰教法规定允许因各种因素向 Teungku Dayah 过渡或代理,这些因素包括不虔诚地放弃安拉的命令,如放弃义务祈祷;执行安拉的禁令,如不服从命令;赌博;在公共场合紧张或尴尬;年老,如衰老;眼睛模糊;身体颤抖。此外,伊斯兰教法关于纳萨布婚姻监护人转任 Teungku Dayah 的过程的观点是一个必须经历的过程,即纳萨布监护人和接替纳萨布监护人职位的人必须在结婚前签订瓦卡拉合同。之所以要进行法律上的过渡,是因为这被视为一种基于安拉及其使者所命令的善良和虔诚的互助形式。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Marriage with the Transfer of a Nasab Guardian to Teungku Dayah According to Islamic Law
This research was motivated by a case in the Ingin Jaya District, Aceh Besar Regency, where there was a marriage with the transfer of the nasab guardian to Teungku Dayah in accordance with Islamic law. A wakalah or transition contract is essentially a contract used by someone if the guardian of the nasab marriage needs someone else to do something that he cannot do himself and asks someone else to do it with the consent of both parties. Therefore, the researcher is interested in researching what factors led to the transfer of marriage guardianship from the nasab guardian to Teungku Dayah and what Islamic Law provisions mean for the process of transferring the nasab marriage guardian to Teungku Dayah. The research methods used are field research and library research. The results of the research state that provisions in Islamic law allow transition or representation to Teungku Dayah due to various factors including ungodly abandoning Allah SWT commands such as abandoning obligatory prayers, carrying out Allah SWT prohibitions such as disobedience, gambling, nervousness or embarrassment in public, old age such as being senile, his eyes are blurry, and his body is shaking. Furthermore, the view of Islamic law regarding the process of transferring the guardian of the nasab marriage to Teungku Dayah is  a process that must be gone through, namely that the guardian of the nasab and the person who replaces the position of guardian of the nasab must carry out a wakalah contract before the marriage takes place. The legal transition was carried out because it was seen as a form of mutual help based on goodness and piety commanded by Allah SWT and His messenger.
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