MARRIAGE EQUALITY

Comparative Study of the Thoughts of Syihabuddin al-Qarafi and Ibn Qayyim al-Jauziyyah

Abstract

Marriage equality is a supporting goal (maqaṣid al-tābi'ah) that strengthens the marriage goals. This article compares the opinions of Imam Syihabuddin al-Qarafi and Ibn Qayyim al-Jauziyyah regarding equality (kafā'ah) in marriage and the methods used by both of them. The primary legal material in this legal normative research is jurisprudence. This article found that by using the textual reasoning method (al-lughawiyyah), al-Qarafi determined five aspects of equality, namely religion (al-dīn), independence (ḥurriyah), descent (nasb), not physically disabled (kamāl al-khilqah), and property (māl). On the other hand, using the method of causation reasoning (ta'līlīyyah), Ibn Qayyim al-Jauziyyah determined only one aspect of marriage equality, the religious aspect. This study concludes that al-Qarafi and Ibn Qayyim tend to depart from the thoughts of the schools they follow..