Daftar Isi:
  • The background for the preparation of this paper is to find out the differences in views of the Hanafi and Maliki Schools, about fasakh against mafqud husbands. Therefore the author wants to examine the opinions of the Hanafi and Maliki Schools and what are the similarities and differences between the Hanafi and Maliki Schools about fasakh against mafqud husbands. The type of research used in this research is library research, because the data taken in this study comes from various books, including the book of al-Hidayah by al-Marghinani for the views of the Hanafi School, and the book al-Muwaththa ' for the Maliki School's view of fasakh on mafqud husbands, this study uses content analysis with a qualitative descriptive method and deductively deduced. The results of this thesis study, that the Hanafi School believes that wives whose husbands mafqud should not demand fasakh so that the existence of her husband is clearly known whether he has died or divorced him. The Maliki School of thought argues that wives whose husbands mufqud may demand fasakh because their wives feel disadvantaged and have difficulties because they are left behind by their husbands. But both of them argued that the fasakh demands were only given to the wife.