نكاح الكتابية في الفقه الإسلامي وما عليه العمل في بروناي دار السلام وماليزيا وإندونيسيا

Abstract

This research is aimed to discuss rules of marriage of the women of the Book and its practice in Brunei Darussalam, Malaysia and Indonesia. The research explains the rules and regulations related to the marriage of women of the Book only, not about the idol worshiper women. The researcher highlights the problems faced by the people marrying them in these above mentioned three countries and the causes and solutions of these problems. This research is carried out through descriptive methods by referring to the books of Islamic Jurisprudence, literatures and extracts and discussions. The researcher analyses the proofs that legalize this type of marriage the proofs that forbid it, specially rules of family system. The practices of such types of marriage in Brunei Darussalam, Malaysia and Indonesia are also discussed. The researcher quotes sections of what the family common law says on this marriage in terms of its permissibility or prohibition. The research has concluded that Islamic jurisprudence permits marriage to the women of the Book with some conditions that must be fulfilled, but the conditions are very hard. So due to hard conditions in practice this type of marriage is prohibited in Brunei Darussalam, Malaysia and Indonesia. The law of Malaysia permits the marriage with the women of the book, but this permission is likely prohibition, due to Shafii School which is prevailing in this country. However there are some Muslims who violate the conditions and rules of their countries and marry with the women of the book and later they face obstacles and difficulties in this type of marriage.