Interfaith marriage between muslims and female ahlul-kitāb : MUI fatwa and preservation of the shāfiʿi madhab in Indonesia
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Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
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8
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2
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EL-Usrah: Jurnal Hukum Keluarga
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Abstract
The study investigates the rulings of Shāfiʿi’s madhab, which suggests a strict rule regarding the permissibility of interreligious marriage between a Muslim and a female ahl-kitāb, in contrast to other Imam madhabs that do not prohibit such marriages. However, Indonesians who embraced most of Shāfiʿi’s madhab forbade this marriage through an issued fatwa by the Majelis Ulama Indonesia (MUI). Despite extensive research on its arguments due to the historical roots of Shāfiʿi’s madhab ruling on connectivity, it is more concerned with the virtue and balance in society. This paper aims to analyze the prohibition of interfaith marriage between Muslims and female ahl-kitāb in Indonesia as a change in discourse that reinforces devotion to the Shāfiʿi madhab, which has historical roots connected to its rulings. This paper uses the qualitative method by comprehending classical Islamic law perspectives, the fatwa driven by the Indonesian Council of Ulama (MUI), and the historical trajectory of Imam Shāfiʿi schools in the early Indonesian era through textual analysis. The result found that the fiqh rulings “attracting benefits and preventing damage” held strongly by Majelis Ulama were not a clear affirmation of prohibiting marriage between Muslims and the female scriptures. Key findings indicate that the MUI released its prohibited fatwa on such marriage as a discourse-changing form to justify the continuation of the Shāfiʿi school of thought traditionally rooted in Indonesia to maintain the virtue and balance of work in society. Future research should consider the increased case of interfaith marriages between female Muslims and non-Muslim males due to its relevancy, according to Fiqh al-Wāqi.'
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