Pernikahan Beda Agama dalam Tinjauan Maslahat Mursalah: Studi Kritis Terhadap Batasan Kriteria Wanita Ahli Kitab Perspektif Empat Mazhab

Abstract

Interfaith marriage is a fiqh issue that continues to be debated, especially regarding the law on Muslim men marrying polytheistic women and Ahl al-Kitab women. The difference in the views of scholars shows that there are normative considerations and benefits in determining the law. This study uses the library research method with a normative-juridical approach and analysis of the concept of maṣlaḥah in Islamic law, especially maṣlaḥah al-khams and maṣlaḥah mursalah. The majority of scholars agree that marriage between Muslim men and polytheistic women is prohibited, while marriage with Ahl al-Kitab women is in principle permissible based on the provisions of the Shari'a. The Shafi'i and Hanbali schools narrow the scope of Ahl al-Kitab to the descendants of Jews and Christians that have existed since ancient times, so that they do not include new communities of believers. Meanwhile, the Hanafi and Maliki schools limit these abilities to Ahl al-Kitab women who are in the territory of dār al-Islām or the dzimmi; while Ahl al-Kitab women from the Ḥarb region were punished with makruh because they were worried that it would cause slander and harm. The concept of maṣlaḥah in this matter is related to maṣlaḥah al-khams, especially in maintaining religion and lineage, and can be categorized as the need for ḥājiyyāt which is ẓannī and in line with the purpose of sharia. Thus, the consideration of benefits is one of the bases in understanding the difference of scholars' opinions regarding Muslim marriage with Ahl al-Kitab women.