أحكام الزواج بالزانية في الفقه الإسلامي: دراسة مقارنة بين المذاهب الأربعة

Abstract

There is a tendency to analyze the case of marrying an adulteress based on the Islamic jurisprudence. Nowadays, there are a lot moslems having the idea that marrying an adulteress is a common and a legal thing to do. Moreover, there are lots of moslem declare to marry a pregnant adulteress. In this case, there are urgencies to understand who adulteress is and what the ideas of the four schools of thought toward marrying and adulteress are. Adultery is forbidden in Islamic law. It is one of the big sins and the adulteress must be punished. There are two kinds of adulteress, married adulteress is called as al-Muhshan and unmarried adulteress is called as a l-Bikr. There are different punishments for them: al-Muhshan must be stoned to death, while al-Bikr must be whipped for a hundred times. However, in the case of marrying and adulteress, there are different perspectives of four schools of thought. Therefore, this study aims to analyze the differences of four schools of thought toward the law of marrying an adulteress in Islam. The research design was qualitative Library Research. Document analysis and comparative were the methods of this study. The main source of data were the original books of Hanafi, Maliki, Syari'i and Hanbali. The analysis was based om the holy Quran and As sunah that were used by the four schools of thought. This study was divided into three chapters: the first chapter was the introduction of the research, the second chapter was the analysis of adulteress marriage in Islamic Point of view, and chapter three was the analysis of the ideas of four holy Quran and As Sunah. The result of the study shows that there are two different groups of thought. The first group believes that marrying and adulteress is allowed. Hanafiah and Syafiiyah are included in the first group. On the other hands, the second group believes that marrying an adulteress is forbidden before completing several terms and conditions. This includes Malikiyah and Hanabilah. However, there are some differences in terms and conditions that are suggested by those four schools of thought. Moreover, in the case of marrying a pregnant adulteress, these four school of thought also have different perspective. Here the researcher suggests to all moslems to hold on Islamic principles in life especially when it deals with marriage in order to avoid the act of adultery and a forbidden marriage.