CONSTRUCTION OF A MARRIAGE CONTRACT [IJAB AND KABUL] IN KITAB AL-NIKAH BY MUHAMMAD ARSYAD AL- BANJARI

Abstract

Ijab and Kabul are the core elements in a marriage contract. Muhammad Arsyad Al-Banjari (17-18 AD), a Malay scholar from Banjar, wrote the ijab and kabul guidelines in the Kitab al-Nikah. Unlike many classical fiqh works, this book explains the guidelines for ijab and kabul clearly. This article discusses the construction of marriage contract (ijab kabul) in the book. Using a qualitative content analysis approach, this study found that the construction of ijab and kabul were written under the Banjar language with the Pegon script. The use of the local language aims to draw the broader attention of Banjar people. Description of ijab and kabul is presented with examples of marriage contracts that commonly exist in the community. This means that the construction of ijab and kabul in the book is practical—according to the needs of the Banjar people at that time. In addition to showing the practical character, Al-Banjari’s fiqh on marriage contracts tends to reflect the Shafi’i School. Therefore, theoretically, it is safe to say that Al-Banjari is quite strict when it comes to following the Shafi’i school of jurisprudence.