KONSEP PENETAPAN WALI HARTA DALAM PEMIKIRAN MAZHAB SYAFI’I DAN PRAKTEK MASYARAKAT ACEH BESAR
Abstract
The sequence of capital guardianship in thought of Syafi’i consists of grandfather, those handed down by father, and justices. The fact happening in Great Aceh society shows that orphan’s capital cannot be refunded when children legally mature. This article has purposes to know deeply the concept of thought in Syafi’i perspective in appointing guardianship for his children, seeing the consideration of justices in the Mahkamah Syar’iyah of Great Aceh. Guarder has obligation to protecting and saving children’s capital and return it back when the children grow up. The process of appointing guardianship in Great Aceh society has arranged with inviting an Islamic scholar having understanding in Islamic knowledge. The guardianship priority comes from the oldest man in a family. If there does not have the oldest man, the guardianship will deliver to other family in the line of father’s family. It seems that justices have consideration to protect the children and his capital.
Moraref