Penerapan Metode Intiqai Pada Hukum Menikahi Wanita Hamil (Pandangan Mazhab Maliki dan Mazhab Syafi'i)
| Main Author: | Sawab, Sahid Husnu |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/55306/1/Pendahuluan.pdf http://eprints.umm.ac.id/55306/2/BAB%201.pdf http://eprints.umm.ac.id/55306/3/BAB%202.pdf http://eprints.umm.ac.id/55306/4/BAB%203.pdf http://eprints.umm.ac.id/55306/5/BAB%204.pdf http://eprints.umm.ac.id/55306/ |
Daftar Isi:
- This study examines the law of marrying pregnant women, whether they are abandoned by their husband due to divorce or death, as well as by adultery. Using the Intiqai method to establish the law marries pregnant women. The purpose of this research is to examine the opinion of the Maliki sect and the Shafi'i sect on the law of marrying pregnant women. So it can be examined by the application of Intiqai method. In this study, the method used was the Intiqai method (choosing one strongest opinion). This research is a normative legal research, also known as literature research. The following research results. First, the Maliki and the Shafi'i sect agree on marrying pregnant women due to their husband or divorce by giving the woman an iddah, childbirth. Based on the letter at-Thalaq verse 4. While the law marries pregnant women from adultery, the Maliki sect and the Shafi''i sect differ in opinion. Imam Malik argued that it was unlawful to marry pregnant women due to good adultery for the man who killed him or not. Until the woman is cleansed, she is able to marry. If the woman with adultery is not pregnant, then Imam Malik gave him the time of ' iddah with the passage of three months or three periods of time. Imam Malik is based his opinion on the two hadiths whose power is Hasan, and the words of his friend Ibn Mas'ud. Meanwhile, Imam Shafi'i's opinion on this case is permissible to marry a pregnant woman because of the good adultery for the man who does not. Imam Shafi'i based his opinion on the Qur'an surah An-Nisa verse 24, the meaning of the verse is given by verses and other hadiths. Then also he is based on the hadith Ibn Maajah whose power is Dhaif. The strongest opinion is the opinion of Imam Malik because of the stronger evidence or Nash.