Pandangan MUI tentang nikah mut'ah: Analisis perspektif M. Quraish Shihab

Arfiana, Shinta Nurul and Rouf, Abd. (2024) Pandangan MUI tentang nikah mut'ah: Analisis perspektif M. Quraish Shihab. Muslim Heritage, 9 (1). pp. 103-124. ISSN 2502-5341

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Abstract

M. Quraish Shihab, a renowned scholar, in his book "Perempuan," states that nikah mut'ah can be accepted in emergency and urgent situations with certain limitations and conditions, such as it must be conducted with honorable women. This statement has sparked controversy, prompting an examination of the views of the Indonesian Ulema Council (MUI) leaders in Malang City regarding the boundaries of nikah mut'ah from M. Quraish Shihab's perspective. This study aims to understand the permissible boundaries of nikah mut'ah according to M. Quraish Shihab and the perspectives of MUI leaders in Malang City regarding his fatwa on the permissibility of nikah mut'ah. This research is an empirical juridical study with a qualitative descriptive approach, gathering data through interviews and documentation from primary and secondary sources. The data processing involves editing, classification, verification, analysis, and conclusion drawing. The results indicate that the MUI leaders interviewed do not agree with the permissibility of nikah mut'ah based on "emergency or urgent" as its boundaries. They argue that the emergency concept proposed by M. Quraish Shihab does not apply in this context and emphasize the existence of alternative ways to prevent adultery. Additionally, they highlight the negative impacts of nikah mut'ah, especially on women, including the lack of legal protection and the risk of transmitting dangerous diseases such as HIV. The study concludes that although M. Quraish Shihab outlines certain limitations for the permissibility of nikah mut'ah, the MUI leaders in Malang City tend to reject this practice in all situations.

Item Type:	Journal Article
Keywords:	M. Quraish Shihab; Nikah Mut’ah; Tokoh Majelis Ulama Indonesia
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Abd. Rouf
Date Deposited:	18 Oct 2024 14:20

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