THE CONCEPT AND EXISTENCE OF KAFA'AH MARRIAGE BETWEEN KRABAT COMMUNITY OF KYAI BATU AMPAR PERSPECTIVE MAQOSID AL-SHARIAH IMAM ASY- SYATHIBI

Abstract

The purpose of this study is to investigate the concept of Kafa'ah or the selection of a mate based on equality is an urgency in marriage. The criteria for kafa'ah in general vary from place to place, as well as what happened to the community of kyai batu ampar Madura in their marriage system through the concept of kafa'ah by way of marriage between relatives. The author looks for answers through observation by asking the perpetrators of inter-kinship marriages of kyai Batu Ampar Madura. This type of research is an empirical juridical research (field research) which was conducted in Madura Pamekasan. The sources of data taken are primary data sources, namely 3 respondents who have married between relatives, and some secondary data the authors take from books or journals related to the concept of kafa'ah in marriage. The results of research related to the concept of kafa'ah from the perspective of Maqisid Al-Syariah Imam Al-Syatibi in marriages between relatives of the kyai of Batu Ampar Madura have three criteria as tools to maintain the situation, namely; Aspects of heredity, religion, and property, can be proven with these three aspects it is easier to form the Sakinah Mawaddah Warahmah family.