UJIAN TERBUKA SANTRI - Fiqih Perbandingan Mahdzab - Bab Pernikahan

Summary

This video script delves into various Islamic perspectives on complex issues surrounding marriage and family life. It discusses the legality of actions like a wife marrying again during her husband's long absence and addresses controversial topics such as a woman being forced into marriage by her parents. Key debates among scholars from different Islamic schools of thought are explored, with references to texts from the Shafi'i, Maliki, and Hanafi traditions. Additionally, the script touches upon the roles and duties of spouses in a marriage, particularly regarding household responsibilities and financial support, offering a well-rounded view on these critical aspects of Islamic jurisprudence.

Takeaways

• 😀 The script begins with a video showing a sad scene where a wife waves goodbye to her husband who is going to war. After years of fighting, the husband returns home to find his wife remarried and with children.
• 😀 The husband expresses his desire to marry the wife once again, despite the child not being his own, and vows to care for the child as if it were his own.
• 😀 The wife initially rejects the husband's proposal, mentioning the struggles of raising a family alone while he was away, and the responsibility of the household tasks.
• 😀 The video then transitions into a discussion about the first issue: the prohibition of using bloodied rings, as it involves impurity (najis).
• 😀 According to the Shafi'i school of thought, using blood or impure substances on clothing or the body outside of prayer is considered haram (forbidden).
• 😀 The Maliki school of thought, however, views the use of impure substances on personal belongings as merely makruh (discouraged), not haram.
• 😀 The second issue discussed is whether a wife can remarry if her husband is absent for a long period. According to Shafi'i, as long as the husband provides financial support, the wife cannot file for divorce or remarry.
• 😀 On the other hand, the Maliki school permits the wife to request divorce if the husband has been absent for over a year, even if he has left enough provisions for her.
• 😀 A significant point discussed is the differing opinions on a pregnant woman marrying another man. The Hanafi school allows it, while the Shafi'i school disapproves of such a marriage until after childbirth.
• 😀 The script also addresses the legal implications of a wife doing household chores, with different schools of thought regarding whether it is a mandatory or voluntary responsibility for the wife.

Q & A

What is the issue with the wife remarrying while the husband is away for an extended period?

The issue of a wife remarrying while the husband is away has different opinions among Islamic scholars. The Shafi'i school of thought states that as long as the husband is providing for the wife, she cannot request a divorce. On the other hand, the Maliki school permits a wife to request a divorce after being abandoned by her husband for a year.

What is the ruling on using blood to cover a ring or other items?

According to the Shafi'i school of thought, using blood to cover a ring or any item is considered haram, as it involves impurity. However, the Maliki school considers it makruh (disliked) but not haram, as long as it does not directly contaminate the body or clothing.

What is the Islamic stance on forced marriages by parents?

Islamic law does not support forced marriages. Both the Shafi'i and Hanafi schools agree that parents cannot force their children into marriage. If the child refuses, it should not be considered an act of disobedience, and the marriage should not proceed without the consent of the child.

Is a wife obligated to perform household chores in Islam?

The obligation for a wife to perform household chores is a subject of debate. According to the Shafi'i and Hanafi schools, a wife is not legally obligated to perform household duties. However, if she chooses to do so, the husband must support her financially. The Hanafi school, however, views household chores as a responsibility for the wife, and she should be compensated for her efforts.

Can a pregnant woman marry someone else during her husband's absence?

The question of whether a pregnant woman can marry someone else while her husband is absent depends on the circumstances. Islamic scholars discuss various interpretations, but in general, remarriage while pregnant may not be acceptable unless the pregnancy is from a different man, and the woman has completed the necessary waiting period (iddah).

What are the different views on the permissibility of using an item covered with blood in Islam?

In Islamic law, the permissibility of using an item covered in blood varies by school of thought. The Shafi'i school prohibits such actions, as it involves the use of najis (impure substances) without necessity. The Maliki school, however, considers it makruh (disliked) but not outright prohibited, as long as it doesn't cause direct contamination of the body or clothing.

What is the legal ruling in Islam if a woman is forced to marry someone she doesn't want?

Islamic jurisprudence, particularly in the Shafi'i school, prohibits forcing a woman into marriage against her will. Parents cannot compel their children to marry someone they don't consent to. The marriage is only valid if the woman gives her consent, and if she refuses, it should not be considered disobedience.

Can a wife request a divorce if her husband has been away for a long time without providing support?

According to the Maliki school of thought, a wife can request a divorce if her husband has been away for an extended period, such as a year, without providing financial support. The Shafi'i school, however, states that a wife cannot request a divorce if the husband is still providing for her, regardless of his absence.

What is the ruling regarding a woman who is pregnant and married to a man who is not the father of her child?

The Islamic stance on a woman who is pregnant from someone other than her husband is that her remarriage is generally not allowed until after childbirth, and the pregnancy is confirmed as being from another man. The legality of remarriage in such cases varies depending on the interpretation of Islamic jurisprudence, but it often involves the completion of the iddah (waiting period) before any new marriage can take place.

How does Islamic law view the performance of household duties by a wife?

Islamic law, particularly in the Shafi'i and Hanafi schools, does not mandate that a wife must perform household duties. The husband is responsible for providing financial support, and the wife may voluntarily assist in housework. In the Hanafi school, however, household work is viewed as an obligation for the wife, and she should be compensated for it.