Definition of Marriage
Marriage is a language is assembled and joined. It says: nakahat al-asyjar, the trees grow close together and gathered in one place. [1] Said Imam Nawawi: "Marriage in the language is joined, is sometimes used to refer to the" marriage ceremony ", sometimes used to refer to sexual intercourse. "
Al-Fara 'an Arabic saying that Arabs mention the word “Nukah al Mar-atu” means the female organs. If they say “nakaha al-mar-ata” means to have intercourse with her female organs .. [2]
As for the "marriage" as the term is: "Akad is made between men and women with lawful for him to have sexual intercourse". [3]
In the Qur'an the word marriage
In the Qur'an and as-Sunna word "marriage" is sometimes used to refer to the ceremony, but sometimes also used to refer to a sexual relationship.
Examples married which means the marriage ceremony is the word of Allah Subhanahu wa Ta'ala:
÷ وإن خفتم ألا تقسطوا في اليتامى فانكحوا ما طاب لكم من النساء مثنى وثلاث ورباع فإن خفتم ألا تعدلوا فواحدة أو ما ملكت أيمانكم ذلك أدنى ألا تعولوا
"So do the ceremony with women (the other) that you enjoy: two, three or four. Then if you fear you will not be able to do justice, then (marry) only one, or the slaves which ye have. That is closer to not doing injustice "[4]
Another example is the word of Allah Subhanahu wa Ta'ala:
ولا تنكحوا ما نكح آباؤكم من النساء إلا ما قد سلف إنه كان فاحشة ومقتا وساء سبيلا
"And do not do the marriage contract with women who have done the marriage contract with the father, with the exception of the period has been exceeded. Truly such a thing is very cruel and hated God and an evil way (to be taken). "[5]
As examples of married, which means sexual intercourse is the word of Allah Subhanahu wa Ta'ala:
فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره فإن طلقها فلا جناح عليهما أن يتراجعا إن ظنا أن يقيما حدود الله وتلك حدود الله يبينها لقوم يعلمون
"Then if the husband mentalaknya (after the second divorce), then she is not lawful for him until he had sexual relations with another husband. Then, if the other husband divorces her, then there is no sin for both of them (the former first husband and wife) for mating back if they believe that they can keep God's laws. That the laws of Allah, described him to the people who (want to) know. "[6]
The meaning of marriage in the above verse is al-wath-u or al-jima'u (sexual intercourse), not the ceremony. [7] Because someone not called husband, unless it has been doing the marriage contract.
A wife who had divorced her first husband three times, and has been married to second husband, then she should do "marriage" with her second husband, and then divorced, before returning to her first husband. Perform "marriage" with a second husband, the intention is to "sexual relations". [8]
Marriage in the sense of having sexual intercourse in the paragraph above is corroborated by the hadith Aisha radi 'anha:
عن عائشة قالت سئل رسول الله -صلى الله عليه وسلم- عن رجل طلق امرأته - يعنى ثلاثا - فتزوجت زوجا غيره فدخل بها ثم طلقها قبل أن يواقعها أتحل لزوجها الأول قالت قال النبى -صلى الله عليه وسلم- لا تحل للأول حتى تذوق عسيلة الآخر ويذوق عسيلتها
"From Aisha, he said; Prophet sallallaahu 'alaihi wasallam asked about a man who divorce his wife three times, then the woman is married to another man and then he met face to face with the divorce before meddle, then whether it permissible for her first husband? Aisha said; no. The Prophet sallallaahu 'alaihi wasallam said: "It is not permissible for her first husband until she tasted the sweetness (Sexual intercourse) with another husband, and he (the husband) also tasted the sweetness of (sexual intercourse) with him." [9]
Examples of hadith shows that the meaning of marriage is sexual intercourse is the word a'alaihi Messenger of Allaah wa sallam:
اصنعوا كل شيء إلا النكاح
"Do everything (with a wife who is menstruating) except marriage, namely jima '" [10]
In another narration:
اصنعوا كل شيء إلا الجماع
"Do everything (d ith wife who is menstruating) except jima '" [11]
Once we know that marriage has two meanings, namely the marriage ceremony and had sexual intercourse, then the question that arises is how do we distinguish between these two meanings in a conversation? The scholars distinguish between the two with the following caption: If it is said that a man married to another woman, namely fulanah daughter of so and so, then it means that the man doing the marriage contract with her. If it is said that a man married to his wife, then it means that the man had sexual intercourse with her. [12]
The second meaning of marriage from above, where the nature and which are majaz? The scholars differed:
First opinion: that marriage is essentially used to refer to the ceremony, and sometimes used as majaz to mention sexual intercourse. This is the opinion of the schools Syafi'iyah authentic, classed as saheeh by Abu Thoyib, Mutawali and Qadi Husayn. [13] This is also the opinion chosen by Shaykh al-Uthaymeen. [14]
The second opinion: that marriage is essentially used to refer to sexual intercourse. But sometimes majaz be used to refer to the ceremony. This is the opinion of al-Azhari, al-Jauhari and az-Zamakhsari, the third person is an expert in Arabic. [15]
Law Married
Married law is divided into two; The first: the legal origin of marriage, the second law of married viewed from the condition of the culprit.
I. Legal Origin Of Marriage
The legal origin of marriage, the scholars have different opinions:
First opinion: that the legal origin of marriage is compulsory. It is the opinion of some scholars, [16] said Shaykh al-'Uthaymeen:
"A lot of scholars say that a person who is able (physically and economically) to get married, then it is obligatory for her to get married, because basically it shows obligations command, and in the marriage are the great beneficiaries." [17]
Arguments of this opinion are as follows:
First: Hadith Abdullah bin Mas'ud radi 'anhu, that he said:
قال لنا رسول الله صلى الله عليه وسلم يا معشر الشباب! من استطاع منكم الباءة فليتزوج, فإنه أغض للبصر, وأحصن للفرج, ومن لم يستطع فعليه بالصوم; فإنه له وجاء
Shallallaahu Prophet 'alaihi wa sallam said to us: "O youth, whoever of you does have the ability (physically and possessions), he should get married, because he can lower his gaze and maintain pubic. Whoever has not been able should fast, because it can reduce (lust). "[18]
A'alaihi Messenger of Allaah wa sallam in the hadith above ordered the youth to marry with his saying "falyatazawaj" (immediately she got married), the sentence contains a command. In ushul fiqh rules stated that: "al ashlu fi al amr lil wujub" (Basically, the command implies obligation).
Second: that marriage is the behavior of the messengers of Allah Subhanahu wa Ta'ala, as the word of Allah Subhanahu wa Ta'ala:
ô ولقد أرسلنا رسلا من قبلك وجعلنا لهم أزواجا وذرية وما كان لرسول أن يأتي بآية إلا بإذن الله لكل أجل كتاب
"And verily We sent some Messengers before thee, and We gave them wives and offspring. And there is no right for a messenger to bring something subsection (miracle), but with the permission of Allah. For each period there is the Book (certain) "[19]
Third: hadith Anas bin Malik radi ta'ala:
عن أنس أن نفرا من أصحاب النبي صلى الله عليه وسلم سألوا أزواج النبي صلى الله عليه وسلم عن عمله في السر فقال بعضهم لا أتزوج النساء وقال بعضهم لا آكل اللحم وقال بعضهم لا أنام على فراش فحمد الله وأثنى عليه فقال ما بال أقوام قالوا كذا وكذا لكني أصلي وأنام وأصوم وأفطر وأتزوج النساء فمن رغب عن سنتي فليس مني
"From Anas that a group of people from among the companions of the Prophet sallallaahu 'alaihi wasallam asked the wives of the Prophet sallallaahu' alaihi wasallam about his deeds are hidden. So some of them said, "I'm not going to get married." Then some of them said, "I will not eat meat." And others again said, "I'm not going to sleep on top of my bed." Hear the words of the Prophet alaihi wasallam praise Allah and His flattering, then he said: "What's wrong with them? They say so and so, when I myself pray and sleep, fasting and breaking, and I also marry women. Then who are hated Sunnah means instead of golonganku. "[20]
Fourth: do not get married because it is a form of penyerupaan against those Nashara, while resembling them in the matter of worship is forbidden. Said Sheikh al-'Uthaymeen:
"... And due to leave the marriage when she was able to, is a form penyerupaan Nashara people who leave their marriage as a form of worship. While resemble non-Muslim worship is haraam. "[21]
Because they resemble illegitimate, then it must abandon such a way penyerupaan married, so married obligatory.
Second opinion: that the legal origin of marriage is sunnah and not compulsory. This is the opinion of the majority of scholars. Imam Nawawi said: "This is our schools (Syafi'iyah) and schools across the scholars, that the command was married here is a suggestion, not an obligation ... and not known someone obliges marriage except David and those who agreed with him on the followers of Ahlu dhahir ( Dhahiriyah), and a history of Imam Ahmad. "[22]
The arguments they are:
First: the Word of Allah Subhanahu wa Ta'ala:
÷ وإن خفتم ألا تقسطوا في اليتامى فانكحوا ما طاب لكم من النساء مثنى وثلاث ورباع فإن خفتم ألا تعدلوا فواحدة أو ما ملكت أيمانكم ذلك أدنى ألا تعولوا
"And if you fear you will not be able to do justice to the (right) female orphans (if ye marry), then marry women (the other) that you enjoy: two, three or four. Then if you fear you will not be able to do justice, then (marry) only one, or the slaves which ye have. That is closer to not doing injustice. "[23]
Imam al-Maziri said: "The above verse is the argument of the majority of scholars (that being married is Sunnah), because Allah Subhanahu wa ta'ala gives a choice between getting married or taking slaves as agreed. Had it mandatory married, then God does not give pilhan between married or take slaves. Because according to the scholars of usul fiqh that gives the choice between compulsory and non-compulsory, will cause the loss of compulsory nature itself, and will lead to people leaving innocent obligations. "[24]
Commands contained in the hadith of Abdullah bin Mas'ud above is not an obligation, but showed "al-istihbab" (something which is recommended).
Second: That the married maslahatnya back to the person who did it mainly associated with impingement lust, so it is said that the above command as a form of guidance only.
II. According to the law Married culprit Conditions
The marriage law when viewed from the condition of those who do so are as follows:
First: Marriage is obligatory, for people who have a high desire to get married because syahwatnya volatile while he has sufficient economic capacity. He was disturbed by the turmoil syahwatnya, so it feared would fall in adultery.
Likewise a student or students, if he was not able to concentrate on learning, because the thought of marriage, or if he had seen was studying or reading a book, but it turns out she was only pretending, in fact he was daydreaming about getting married and are always looking at photos -Photos women are inserted in the book, then people like this obligatory for her to get married if indeed he was able to materially and physically, and can be responsible, or he thought marriage would add to the spirit and concentration in learning.
Second: sunna legal marriage for those who have lust, and have the property, but do not worry fall into immorality and adultery. Imam Nawawi in Saheeh Muslim Syareh mentioning the title of the Book of Nikah as follows: "Chapter He suggested Married For people who wanted While She Has A treasure". [25]
Third: Marriage laws permissible, for people who have lust, but do not have the treasure. Or for those who have wealth but has no lust. [26]
Fourth: makruh legal marriage for those who have no possessions and no desire to get married (impotence). Makruh is said, because he does not require women to marry, but he had to look for treasure to support his wife who is not actually required by it. Of course it would be better, if he earn a living to meet their needs in advance. In addition, she will be a bit neglected, and likely will not get a living mind, but little, because her husband did not actually need it and not really interested in women.
Likewise someone who has a desire to get married, but did not have enough wealth, then for him, marriage is makruh.
As someone who has property but no desire to get married (impotence), the scholars have different opinions:
First opinion: He does not dimakruhkan married but it is better for him to concentrate in worship. It is the opinion of Imam Shafi'i and the majority of scholars Syafi'iyah. [27]
Second Opinion: Married him better. It is the opinion of Abu Hanifah and most of the scholars Syafi'iyah as well as most of the scholars Malikiyah. Why? because perhaps she could help in meeting their daily needs, such as cooking, providing food and drinks, menyuci and ironing his clothes, with him talking, discussing and others. Married itself does not necessarily only have sex, but there are other things acquired during married couple, such as solidarity, cooperation, solidarity, family relationship, serenity and tranquility.
Fifth: Marriage is haraam, for those who find themselves incapable of responsible and will abandon his wife and child. [28]
Shaykh al-Uthaymeen enter unlawful marriage is a marriage made in Darul Harbi (State The Disagreeable Muslims), because it was feared enemy will defeat the Muslims and their children will be slaves. But if done in an emergency, it is permissible. [29]
Thus a brief explanation about the meaning of marriage and the law derived from the statements of the scholars, hopefully useful. And Allaah knows best
[1] The author has been looking in the dictionary: Lisan al-Arab, Ibn Mandhur, Sihah ashram Mukhtar Muhammad ar-Razi works, and al-Misbah al-Munir al-Fayumi work, it did not get the meaning of marriage as a language is to gather and join, but the authors get this sense in Kifayah al-Akhyar, by Abu Bakr ibn Muhammad al-Husaini, pp: 462.
[2] The words of al-Fara 'above mentioned by Imam Nawawi in Sharh Saheeh Muslim juz: 9, pp: 171
[3] Sofiyurrahman al-Mubarakfuri, Ittihaf al Kiram, p. 288, Abu Bakr al-Jazairi, Minhaj al-Muslim, hlm.349
[4] Qs. an-Nisa ': 3
[5] Qs. an-Nisa: 22
[6] Qs. al-Baqarah: 230
[7] Ibn Qudamah in the book al-Mughni, chapters: 7, pp: 333, (Dar al-Kitab al-Arabi) said: "It is said that lafadh marriage in the Koran does not exist, which means sexual intercourse , except the word of Allah Subhanahu wa Ta'ala: "Hatta tanhika zaujan ghairahu (2: 230)".
[8] Ibn al-Arabi in Ahkam book the Koran, juz: 1, pp: 267 mentions that Sa'id ibn al-Musayib found a woman who had divorced her husband three times, then he became lawful for her first husband, if it is doing the marriage contract with a second husband, without having to have sexual intercourse with him by dhahir of the above verse (Surah 2: 230), then Ibn Arabi denied this opinion. Ibn Mundhir said that the scholars agreed that the wife who has been divorced three times, to have sexual intercourse with her husband a second before returning to the first husband (Muhammad al-Haq Syamsul -Adhim al Abadi, Aun al-Ma'bud, juz: 6 , pp: 301)
[9] Bukhari and Muslim. Lafadh on top of the history of Abu Daud.
[10] HR. Muslim
[11] Hadith Sahih Ibn Majah history
[12] The above description mentioned by al-Farisi and narrated by Abu Bakr ibn Muhammad al-Husaini in Kifayah al-Akhyar, pp: 460. And also mentioned by Shaykh al-Uthaymeen in Sharh al-Mumti ', juz: 5 , p: 79.
[13] Abu Bakr ibn Muhammad al-Husaini, Kifayah al-Akhyar, pp: 460
[14] Al-Uthaymeen, al-Mumti Syarh ', juz: 5, pp: 79.
[15] This Zamakhsari Opinions quoted by Shaykh Muhammad Kamil Uwaidhah in his commentary on the book Kifayah al Akhyar, pp: 460. He also chose this argument on the grounds that Zamakhsari is a linguist who is more superior than others. See also Ibn al-Mandhur, Lisan al-Arab, juz: 2, pp: 626
[16] Ash-Syaukani, Nail al-Authar, juz: 6, pp: 117
[17] Al-Uthaymeen, Syarh Buluguhl al-Maram, juz: 3, pp: 179
[18] HR. Bukhari and Muslim
[19] Qs. ar- Ra'du: 38
[20] HR. Bukhari and Muslim
[21] Al-Uthaymeen, al-Mumti Syarh ', juz: 5, pp: 80.
[22] An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 173
[23] Qs. an-Nisa ': 3
[24] Imam Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 174.
[25] An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 172
[26] This example mentioned by Shaykh al-Uthaymeen in Sharh Bulugh al-Maram, juz: 4, pp: 180. The author himself still can not fully comprehend the examples mentioned by him. But these examples clearly different from what was mentioned by the imam an-Nawawi in Sharh Saheeh Muslim who says that someone who has a desire to get married, but did not have enough wealth, then for him, marriage is makruh. As someone who has property but no desire to get married (impotence), the scholars disagree about the law. (An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 174)
[27] An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 174
[28] Yusuf ad-Duraiwisy, Nikah Siri, Mut'ah and Contracts, Jakarta, Dar al-Haq, Cet-1, 2010.
[29] Al-Uthaymeen, Syarh Bulugh al-Maram, juz: 4, pp: 179
Marriage is a language is assembled and joined. It says: nakahat al-asyjar, the trees grow close together and gathered in one place. [1] Said Imam Nawawi: "Marriage in the language is joined, is sometimes used to refer to the" marriage ceremony ", sometimes used to refer to sexual intercourse. "
Al-Fara 'an Arabic saying that Arabs mention the word “Nukah al Mar-atu” means the female organs. If they say “nakaha al-mar-ata” means to have intercourse with her female organs .. [2]
As for the "marriage" as the term is: "Akad is made between men and women with lawful for him to have sexual intercourse". [3]
In the Qur'an the word marriage
In the Qur'an and as-Sunna word "marriage" is sometimes used to refer to the ceremony, but sometimes also used to refer to a sexual relationship.
Examples married which means the marriage ceremony is the word of Allah Subhanahu wa Ta'ala:
÷ وإن خفتم ألا تقسطوا في اليتامى فانكحوا ما طاب لكم من النساء مثنى وثلاث ورباع فإن خفتم ألا تعدلوا فواحدة أو ما ملكت أيمانكم ذلك أدنى ألا تعولوا
"So do the ceremony with women (the other) that you enjoy: two, three or four. Then if you fear you will not be able to do justice, then (marry) only one, or the slaves which ye have. That is closer to not doing injustice "[4]
Another example is the word of Allah Subhanahu wa Ta'ala:
ولا تنكحوا ما نكح آباؤكم من النساء إلا ما قد سلف إنه كان فاحشة ومقتا وساء سبيلا
"And do not do the marriage contract with women who have done the marriage contract with the father, with the exception of the period has been exceeded. Truly such a thing is very cruel and hated God and an evil way (to be taken). "[5]
As examples of married, which means sexual intercourse is the word of Allah Subhanahu wa Ta'ala:
فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره فإن طلقها فلا جناح عليهما أن يتراجعا إن ظنا أن يقيما حدود الله وتلك حدود الله يبينها لقوم يعلمون
"Then if the husband mentalaknya (after the second divorce), then she is not lawful for him until he had sexual relations with another husband. Then, if the other husband divorces her, then there is no sin for both of them (the former first husband and wife) for mating back if they believe that they can keep God's laws. That the laws of Allah, described him to the people who (want to) know. "[6]
The meaning of marriage in the above verse is al-wath-u or al-jima'u (sexual intercourse), not the ceremony. [7] Because someone not called husband, unless it has been doing the marriage contract.
A wife who had divorced her first husband three times, and has been married to second husband, then she should do "marriage" with her second husband, and then divorced, before returning to her first husband. Perform "marriage" with a second husband, the intention is to "sexual relations". [8]
Marriage in the sense of having sexual intercourse in the paragraph above is corroborated by the hadith Aisha radi 'anha:
عن عائشة قالت سئل رسول الله -صلى الله عليه وسلم- عن رجل طلق امرأته - يعنى ثلاثا - فتزوجت زوجا غيره فدخل بها ثم طلقها قبل أن يواقعها أتحل لزوجها الأول قالت قال النبى -صلى الله عليه وسلم- لا تحل للأول حتى تذوق عسيلة الآخر ويذوق عسيلتها
"From Aisha, he said; Prophet sallallaahu 'alaihi wasallam asked about a man who divorce his wife three times, then the woman is married to another man and then he met face to face with the divorce before meddle, then whether it permissible for her first husband? Aisha said; no. The Prophet sallallaahu 'alaihi wasallam said: "It is not permissible for her first husband until she tasted the sweetness (Sexual intercourse) with another husband, and he (the husband) also tasted the sweetness of (sexual intercourse) with him." [9]
Examples of hadith shows that the meaning of marriage is sexual intercourse is the word a'alaihi Messenger of Allaah wa sallam:
اصنعوا كل شيء إلا النكاح
"Do everything (with a wife who is menstruating) except marriage, namely jima '" [10]
In another narration:
اصنعوا كل شيء إلا الجماع
"Do everything (d ith wife who is menstruating) except jima '" [11]
Once we know that marriage has two meanings, namely the marriage ceremony and had sexual intercourse, then the question that arises is how do we distinguish between these two meanings in a conversation? The scholars distinguish between the two with the following caption: If it is said that a man married to another woman, namely fulanah daughter of so and so, then it means that the man doing the marriage contract with her. If it is said that a man married to his wife, then it means that the man had sexual intercourse with her. [12]
The second meaning of marriage from above, where the nature and which are majaz? The scholars differed:
First opinion: that marriage is essentially used to refer to the ceremony, and sometimes used as majaz to mention sexual intercourse. This is the opinion of the schools Syafi'iyah authentic, classed as saheeh by Abu Thoyib, Mutawali and Qadi Husayn. [13] This is also the opinion chosen by Shaykh al-Uthaymeen. [14]
The second opinion: that marriage is essentially used to refer to sexual intercourse. But sometimes majaz be used to refer to the ceremony. This is the opinion of al-Azhari, al-Jauhari and az-Zamakhsari, the third person is an expert in Arabic. [15]
Law Married
Married law is divided into two; The first: the legal origin of marriage, the second law of married viewed from the condition of the culprit.
I. Legal Origin Of Marriage
The legal origin of marriage, the scholars have different opinions:
First opinion: that the legal origin of marriage is compulsory. It is the opinion of some scholars, [16] said Shaykh al-'Uthaymeen:
"A lot of scholars say that a person who is able (physically and economically) to get married, then it is obligatory for her to get married, because basically it shows obligations command, and in the marriage are the great beneficiaries." [17]
Arguments of this opinion are as follows:
First: Hadith Abdullah bin Mas'ud radi 'anhu, that he said:
قال لنا رسول الله صلى الله عليه وسلم يا معشر الشباب! من استطاع منكم الباءة فليتزوج, فإنه أغض للبصر, وأحصن للفرج, ومن لم يستطع فعليه بالصوم; فإنه له وجاء
Shallallaahu Prophet 'alaihi wa sallam said to us: "O youth, whoever of you does have the ability (physically and possessions), he should get married, because he can lower his gaze and maintain pubic. Whoever has not been able should fast, because it can reduce (lust). "[18]
A'alaihi Messenger of Allaah wa sallam in the hadith above ordered the youth to marry with his saying "falyatazawaj" (immediately she got married), the sentence contains a command. In ushul fiqh rules stated that: "al ashlu fi al amr lil wujub" (Basically, the command implies obligation).
Second: that marriage is the behavior of the messengers of Allah Subhanahu wa Ta'ala, as the word of Allah Subhanahu wa Ta'ala:
ô ولقد أرسلنا رسلا من قبلك وجعلنا لهم أزواجا وذرية وما كان لرسول أن يأتي بآية إلا بإذن الله لكل أجل كتاب
"And verily We sent some Messengers before thee, and We gave them wives and offspring. And there is no right for a messenger to bring something subsection (miracle), but with the permission of Allah. For each period there is the Book (certain) "[19]
Third: hadith Anas bin Malik radi ta'ala:
عن أنس أن نفرا من أصحاب النبي صلى الله عليه وسلم سألوا أزواج النبي صلى الله عليه وسلم عن عمله في السر فقال بعضهم لا أتزوج النساء وقال بعضهم لا آكل اللحم وقال بعضهم لا أنام على فراش فحمد الله وأثنى عليه فقال ما بال أقوام قالوا كذا وكذا لكني أصلي وأنام وأصوم وأفطر وأتزوج النساء فمن رغب عن سنتي فليس مني
"From Anas that a group of people from among the companions of the Prophet sallallaahu 'alaihi wasallam asked the wives of the Prophet sallallaahu' alaihi wasallam about his deeds are hidden. So some of them said, "I'm not going to get married." Then some of them said, "I will not eat meat." And others again said, "I'm not going to sleep on top of my bed." Hear the words of the Prophet alaihi wasallam praise Allah and His flattering, then he said: "What's wrong with them? They say so and so, when I myself pray and sleep, fasting and breaking, and I also marry women. Then who are hated Sunnah means instead of golonganku. "[20]
Fourth: do not get married because it is a form of penyerupaan against those Nashara, while resembling them in the matter of worship is forbidden. Said Sheikh al-'Uthaymeen:
"... And due to leave the marriage when she was able to, is a form penyerupaan Nashara people who leave their marriage as a form of worship. While resemble non-Muslim worship is haraam. "[21]
Because they resemble illegitimate, then it must abandon such a way penyerupaan married, so married obligatory.
Second opinion: that the legal origin of marriage is sunnah and not compulsory. This is the opinion of the majority of scholars. Imam Nawawi said: "This is our schools (Syafi'iyah) and schools across the scholars, that the command was married here is a suggestion, not an obligation ... and not known someone obliges marriage except David and those who agreed with him on the followers of Ahlu dhahir ( Dhahiriyah), and a history of Imam Ahmad. "[22]
The arguments they are:
First: the Word of Allah Subhanahu wa Ta'ala:
÷ وإن خفتم ألا تقسطوا في اليتامى فانكحوا ما طاب لكم من النساء مثنى وثلاث ورباع فإن خفتم ألا تعدلوا فواحدة أو ما ملكت أيمانكم ذلك أدنى ألا تعولوا
"And if you fear you will not be able to do justice to the (right) female orphans (if ye marry), then marry women (the other) that you enjoy: two, three or four. Then if you fear you will not be able to do justice, then (marry) only one, or the slaves which ye have. That is closer to not doing injustice. "[23]
Imam al-Maziri said: "The above verse is the argument of the majority of scholars (that being married is Sunnah), because Allah Subhanahu wa ta'ala gives a choice between getting married or taking slaves as agreed. Had it mandatory married, then God does not give pilhan between married or take slaves. Because according to the scholars of usul fiqh that gives the choice between compulsory and non-compulsory, will cause the loss of compulsory nature itself, and will lead to people leaving innocent obligations. "[24]
Commands contained in the hadith of Abdullah bin Mas'ud above is not an obligation, but showed "al-istihbab" (something which is recommended).
Second: That the married maslahatnya back to the person who did it mainly associated with impingement lust, so it is said that the above command as a form of guidance only.
II. According to the law Married culprit Conditions
The marriage law when viewed from the condition of those who do so are as follows:
First: Marriage is obligatory, for people who have a high desire to get married because syahwatnya volatile while he has sufficient economic capacity. He was disturbed by the turmoil syahwatnya, so it feared would fall in adultery.
Likewise a student or students, if he was not able to concentrate on learning, because the thought of marriage, or if he had seen was studying or reading a book, but it turns out she was only pretending, in fact he was daydreaming about getting married and are always looking at photos -Photos women are inserted in the book, then people like this obligatory for her to get married if indeed he was able to materially and physically, and can be responsible, or he thought marriage would add to the spirit and concentration in learning.
Second: sunna legal marriage for those who have lust, and have the property, but do not worry fall into immorality and adultery. Imam Nawawi in Saheeh Muslim Syareh mentioning the title of the Book of Nikah as follows: "Chapter He suggested Married For people who wanted While She Has A treasure". [25]
Third: Marriage laws permissible, for people who have lust, but do not have the treasure. Or for those who have wealth but has no lust. [26]
Fourth: makruh legal marriage for those who have no possessions and no desire to get married (impotence). Makruh is said, because he does not require women to marry, but he had to look for treasure to support his wife who is not actually required by it. Of course it would be better, if he earn a living to meet their needs in advance. In addition, she will be a bit neglected, and likely will not get a living mind, but little, because her husband did not actually need it and not really interested in women.
Likewise someone who has a desire to get married, but did not have enough wealth, then for him, marriage is makruh.
As someone who has property but no desire to get married (impotence), the scholars have different opinions:
First opinion: He does not dimakruhkan married but it is better for him to concentrate in worship. It is the opinion of Imam Shafi'i and the majority of scholars Syafi'iyah. [27]
Second Opinion: Married him better. It is the opinion of Abu Hanifah and most of the scholars Syafi'iyah as well as most of the scholars Malikiyah. Why? because perhaps she could help in meeting their daily needs, such as cooking, providing food and drinks, menyuci and ironing his clothes, with him talking, discussing and others. Married itself does not necessarily only have sex, but there are other things acquired during married couple, such as solidarity, cooperation, solidarity, family relationship, serenity and tranquility.
Fifth: Marriage is haraam, for those who find themselves incapable of responsible and will abandon his wife and child. [28]
Shaykh al-Uthaymeen enter unlawful marriage is a marriage made in Darul Harbi (State The Disagreeable Muslims), because it was feared enemy will defeat the Muslims and their children will be slaves. But if done in an emergency, it is permissible. [29]
Thus a brief explanation about the meaning of marriage and the law derived from the statements of the scholars, hopefully useful. And Allaah knows best
[1] The author has been looking in the dictionary: Lisan al-Arab, Ibn Mandhur, Sihah ashram Mukhtar Muhammad ar-Razi works, and al-Misbah al-Munir al-Fayumi work, it did not get the meaning of marriage as a language is to gather and join, but the authors get this sense in Kifayah al-Akhyar, by Abu Bakr ibn Muhammad al-Husaini, pp: 462.
[2] The words of al-Fara 'above mentioned by Imam Nawawi in Sharh Saheeh Muslim juz: 9, pp: 171
[3] Sofiyurrahman al-Mubarakfuri, Ittihaf al Kiram, p. 288, Abu Bakr al-Jazairi, Minhaj al-Muslim, hlm.349
[4] Qs. an-Nisa ': 3
[5] Qs. an-Nisa: 22
[6] Qs. al-Baqarah: 230
[7] Ibn Qudamah in the book al-Mughni, chapters: 7, pp: 333, (Dar al-Kitab al-Arabi) said: "It is said that lafadh marriage in the Koran does not exist, which means sexual intercourse , except the word of Allah Subhanahu wa Ta'ala: "Hatta tanhika zaujan ghairahu (2: 230)".
[8] Ibn al-Arabi in Ahkam book the Koran, juz: 1, pp: 267 mentions that Sa'id ibn al-Musayib found a woman who had divorced her husband three times, then he became lawful for her first husband, if it is doing the marriage contract with a second husband, without having to have sexual intercourse with him by dhahir of the above verse (Surah 2: 230), then Ibn Arabi denied this opinion. Ibn Mundhir said that the scholars agreed that the wife who has been divorced three times, to have sexual intercourse with her husband a second before returning to the first husband (Muhammad al-Haq Syamsul -Adhim al Abadi, Aun al-Ma'bud, juz: 6 , pp: 301)
[9] Bukhari and Muslim. Lafadh on top of the history of Abu Daud.
[10] HR. Muslim
[11] Hadith Sahih Ibn Majah history
[12] The above description mentioned by al-Farisi and narrated by Abu Bakr ibn Muhammad al-Husaini in Kifayah al-Akhyar, pp: 460. And also mentioned by Shaykh al-Uthaymeen in Sharh al-Mumti ', juz: 5 , p: 79.
[13] Abu Bakr ibn Muhammad al-Husaini, Kifayah al-Akhyar, pp: 460
[14] Al-Uthaymeen, al-Mumti Syarh ', juz: 5, pp: 79.
[15] This Zamakhsari Opinions quoted by Shaykh Muhammad Kamil Uwaidhah in his commentary on the book Kifayah al Akhyar, pp: 460. He also chose this argument on the grounds that Zamakhsari is a linguist who is more superior than others. See also Ibn al-Mandhur, Lisan al-Arab, juz: 2, pp: 626
[16] Ash-Syaukani, Nail al-Authar, juz: 6, pp: 117
[17] Al-Uthaymeen, Syarh Buluguhl al-Maram, juz: 3, pp: 179
[18] HR. Bukhari and Muslim
[19] Qs. ar- Ra'du: 38
[20] HR. Bukhari and Muslim
[21] Al-Uthaymeen, al-Mumti Syarh ', juz: 5, pp: 80.
[22] An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 173
[23] Qs. an-Nisa ': 3
[24] Imam Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 174.
[25] An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 172
[26] This example mentioned by Shaykh al-Uthaymeen in Sharh Bulugh al-Maram, juz: 4, pp: 180. The author himself still can not fully comprehend the examples mentioned by him. But these examples clearly different from what was mentioned by the imam an-Nawawi in Sharh Saheeh Muslim who says that someone who has a desire to get married, but did not have enough wealth, then for him, marriage is makruh. As someone who has property but no desire to get married (impotence), the scholars disagree about the law. (An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 174)
[27] An-Nawawi, Sharh Saheeh Muslim, juz: 9, pp: 174
[28] Yusuf ad-Duraiwisy, Nikah Siri, Mut'ah and Contracts, Jakarta, Dar al-Haq, Cet-1, 2010.
[29] Al-Uthaymeen, Syarh Bulugh al-Maram, juz: 4, pp: 179
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