PANDANGAN ABU HANIFAH TENTANG WALI NIKAH: STUDI TINJAUAN NORMATIF DAN IMPLIKASI HUKUM

Based on the perspective of hadith, there are three groups of views regarding marriage guardians; the opinion that requires, does not obligatory and not obligatory with conditions. The view that requires the presence of a marriage guardian in a marriage comes from the majority group, namely the three high priests consisting of Imam Shafi'i, Imam Hambali and Imam Malik. Meanwhile, Imam Abu Hanifah has the opposite view, namely not requiring a marriage guardian as a pillar of marriage. As for the view that requires conditions such as not being forced, women must be free to choose their own partners and the full power is in the hands of women, coming from the development of contemporary ulama thought. Problems arise when parents as guardians overly interfere with the rights and powers of a woman. This makes women unable to do anything when their parents force them to marry. In addition, the coercive requirement of the guardian creates a new problem commonly referred to as “forced marriage.” This will create confusion regarding the legitimacy of the presence of a marriage guardian. This research is qualitative and uses a normative approach. The author uses descriptive patterns and library research techniques in explaining the results of this study. The theory used is progressive law, by describing the results of the research in a descriptive-analytic manner. The data analysis in this research uses the technique of Mules and Huberman which consists of reduction (data reduction), data display (data presentation) and conclusions. The results of this study indicate that according to Imam Abu Hanifah the guardian of marriage is not part of the pillars of marriage. So that the experience of the guardian in marriage is not an obligation and does not affect the validity of a marriage. Mature women already have reason and wise thoughts in deciding a thing. Thus, there is no need for a guardian in deciding a case, including a marriage guardian in a marriage. However, this is excluded for women who are still not mature because they are considered unable to decide cases. The cause of Imam Abu Hanifah's view of marriage guardians is different from other mazhab due to various factors, such as geographical location of residence, orientation of thought, method of taking the law and referring scholars. Meanwhile, the impact of Imam Abu Hanifah's view on marriage guardians occurs in several aspects, namely sociological, political and cultural impacts