THE DILEMMA OF SINGLE WOMEN: THE CONCEPT OF KAFĀ’AH IN ISLAMIC JURISPRUDENCE AND THE COMPILATION OF ISLAMIC LAW

Abstract

The modern world, which provides women with the freedom to pursue the highest possible education, can also have negative impacts on them. Modern women with higher education often face challenges in finding partners due to the concept of equality (kafaah). This study aims to analyze the concept of kafaah in Islamic jurisprudence (Fiqh) and the Compilation of Islamic Law and its relevance to the phenomenon of highly educated women remaining single for extended periods. This study employed a qualitative method with a library research approach, analyzing various literature such as fiqh books, scientific journals, and laws and regulations. The results show that in Islamic law, kafaah is not a requirement for a valid marriage, but rather a social consideration to maintain household harmony, with the primary benchmarks being religious and moral aspects. Differences in social, economic, or educational status cannot be used as a reason to hinder marriage. However, in social reality, the understanding of kafaah often shifts in meaning due to patriarchal culture and materialistic perceptions, so that highly educated women are often considered difficult to find a "comparable" partner. Meanwhile, Indonesian positive law, through the 1945 Constitution, Law No. 1 of 1974 concerning Marriage, and the Compilation of Islamic Law, guarantees protection for women's right to choose their life partner without discrimination. Thus, both Islamic law and positive law emphasize that equality in marriage should be based on moral and spiritual values, not social status or educational level.