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KONTROVERSI NIKAH MISYAR (STUDI KOMPARASI PEMIKIRAN WAHBAH AZ-ZUHAILI DAN MUHAMMAD AZ-ZUHAILI)
Misyar marriage is a contemporary form of marriage that has sparked controversy in Islamic legal discourse, particularly because the wife voluntarily waives some of her rights, such as the right to housing and material support from the husband. This practice has spread from the Middle East to other countries, including Indonesia, and has generated differing opinions among scholars. This study is motivated by the contrasting views of two prominent Syrian scholars and brothers, Wahbah Az-Zuhaili and Muhammad Az-Zuhaili, regarding the legality and legitimacy of nikah misyar. Their divergent perspectives highlight the need for a deeper analysis of contemporary Islamic legal thought in addressing evolving marital practices. The research method employed in this study is library research with a descriptive-analytical-comparative approach. A comparative approach is used to analyze the thoughts of the two figures. Primary data sources include Wahbah Az-Zuhaili's Kitab Fatawa Mu‘aṣirah and an interview with Muhammad Az-Zuhaili. These are supported by secondary sources such as Kitab Mustajaddat Fiqhiyyah and other relevant literature. The data analysis method used in this research is content analysis. The theoretical framework utilized is Najmuddin At-Ṭufi's maṣlaḥah theory to review aspects of Islamic law, and Peter L. Berger's sociology of knowledge theory to analyze the social background influencing the differing opinions of the two figures. The findings reveal that Wahbah Az-Zuhaili permits misyar marriage on the grounds that it meets the legal requirements of a valid marriage, though he considers it makruh (discouraged) due to its failure to fulfill the ideal objectives of marriage in Islam. In contrast, Muhammad Az-Zuhaili rejects misyar marriage, viewing it as exploitative toward women, often conducted in secrecy, and potentially harmful to the social fabric of the family. This divergence is rooted in their differing approaches to Maṣlaḥah and their respective sociocultural contexts. Thus, the study not only uncovers legal disagreements but also illustrates how Islamic law engages with complex social realities.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)