FATWA ULAMA TENTANG HUKUM NIKAH MISYAR PERSPEKTIF MAQASID SHARI'AH
Abstract: Misyar marriage is a
model of marriage which can be defined as an official marital, relationship
between a man and a woman, in which the woman waives some of the rights she
would have in a normal Islamic marriage. The muslim scholars have difference
opinion about the law of the such marriage. Like any other issues in Islam, it
has been a point of controversy and argument, especially among theologians. In
this case, some allow, some prohibit and some others are in quo status called
tawaqquf in deciding the rule and regulation of such marriage. This study
examines the opinions of contemporary muslim scholars based on maqa>s}id
shari>’ah perspective, to see which opinion should be prioritized and
selected by considering aspects of maqa>s}id shari>’ah in connection with
marital contexts, and considering its benefits and harms as a result of the
maqa>s}id shari>’ah. The method used in this study was library research
or text study (study of documents). The results of this study concluded that
the banning of misya>r marriage –certaintly in the context of Indonesian
society – was mostly in line with maqa>s}id shari>’ah in a broad sense,
that is, to achieve its benefits and prevent its disadvantages.
Penulis: Chomim Tohari
Kode Jurnal: jpperadabanislamdd130285
