Nikah Mut’ah dan Status Perempuan

NIKAH MUT’AH: MENYUSURI STATUS PEREMPUAN DALAM TRADISI ARAB-ISLAM

Oleh: Abid Rohmanu

IAIN Ponorogo

E-mail: abied76@iainponorogo.ac.id

Abstract: Materially, there is almost no new theme in the domain of Islamic law. This is like the theme of marriage by contract (mut’ah marriage) in the Islamic family law. There is agreement that the mut’ah temporary marriage was practiced before Isla>m and for some time after the rise of Isla>m. It was a personal contract between a man and a women to cohabit for a limited period of time in return for a certain remuneration payable by the man. This topic always becomes a controversial issue in every part of time because it concerns with sensitive relation between men and women. In the middle of the religious humanism and maintenance of human rights, this article tries to study the mut’ah marriage using the historical data and the cultural anthropogy. Standing on the discipline of sociology, this study is hoped to be the real example that Islamic law (fiqh) is not law in the tehnical sense. The relationship between Islamic law and society is, has always been and will remain both difficult and complex. As a living institution, Islamic law encompasses every aspect of people’s live –faith, rituals, ethich as well as the so-called strictly legal subject matter. On the other hand, it is basically formulated from dialectics of the universal message of normative Islam with the cultural context of local society as reflected in mut’ah marriage (temporary marriage). The mut’ah marriage which was fairly common in Arabia before Islam, was diametrically opposed to the spirit and the message of Islamic morality. Agrements have generally been put forward that Islam gives a high status to women. Islam comes to campaign for gender equality and socio-cultural humanism. In this sense, and one of its campaigns is with appresiative and reconstructive responding to the institution of the mut’ah merriage.

Keywords: Mut’ah, system kekerabatan, patrilineal dan bilateral.

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