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STATUS PERNIKAHAN ORANG MATI SURI PERSPEKTIF IMAM IBNU HAJAR AL- HAITAMI DAN IMAM IBNU SYAMSYUDDIN AR-RAMLI
Marriage in Islam is a legitimate bond between a man and a woman aimed at building a harmonious family in accordance with Sharia principles. One of the factors that terminate a marriage is death, as regulated in Islamic law and applicable legislation. However, the phenomenon of near-death experiences (mati suri) raises academic debates regarding the marital status of someone who has been declared dead but then comes back to life. From a fiqh perspective, scholars of the Shafi’i school, such as Imam Ibn Hajar Al-Haitami and Imam Shamsuddin Ar-Ramli, have discussed the valid signs of death according to Sharia. If someone who was presumed dead returns to life, the legal status, including their marriage, becomes an issue that requires further examination. To date, there are no specific Islamic legal regulations addressing the marital status of individuals who experience near-death experiences, creating a legal gap that requires attention. This research is a qualitative study aimed at providing a concrete answer regarding the marital status after a near-death experience, referring to the views of Imam Ibn Hajar Al-Haitami and Imam Ibn Syamsuddin Ar-Ramli. This study employs a library research method to collect and analyze various literatures relevant to the phenomenon of near-death experiences. The analysis in this research is based on the theory of ta’li>l al-ah}kam, highlighting the differences in perspectives between Imam Ibn Hajar Al-Haitami and Imam Ibn Syamsuddin Ar-Ramli. Through this approach, the researcher will explore the reasoning and arguments of both scholars and assess their relevance in the context of contemporary Islam. An analysis of these two perspectives shows that, legally, death is considered an absolute separator that terminates marriage and property ownership. Imam Ibn Hajar Al-Haitami emphasized that legal rulings that take effect after death, such as inheritance distribution or the remarriage of the surviving spouse, remain valid even if the deceased were to come back to life, in order to maintain legal certainty. Conversely, Imam Ibn Syamsuddin Ar-Ramli offered two views: death nullifies previous legal status, allowing the individual to remarry freely, or resurrection does not automatically annul the marriage but requires an ‘iddah period. In modern Islamic law, the view that affirms death as a status-ending event is more widely accepted, although the approach that maintains the continuity of marriage remains relevant in certain circumstances. Overall, this study concludes that Ibn Hajar Al-Haitami’s opinion is stronger in maintaining legal stability, but Ibn Syamsuddin Ar-Ramli’s perspective can be considered in situations requiring flexibility.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103060020 Muhammad Kosim Nurseha Marzuqi
STATUS PERNIKAHAN ORANG MATI SURI PERSPEKTIF IMAM IBNU HAJAR AL- HAITAMI DAN IMAM IBNU SYAMSYUDDIN AR-RAMLI (Text)
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