West Science Law and Human Rights Vol.
No.
October 2023, pp.
Interpretation of Verses on the Law of Marriage between Muslims and Non-Muslims (Musyrik.
Kafir and Ahl Al-Kita.
Moh Najib1.
Abdurrahman2.
Ayi Sofyan3
1,2,3
UIN Sunan Gunung Djati Bandung
Article Info
ABSTRACT
Article history:
The MUI's fatwa in the Second National Deliberation on May 26 Ae June 1, 1980, on Mixed Marriage stipulates that "the marriage of a Muslim woman with a non-Muslim man is unlawful.
A Muslim man is forbidden to marry a non-Muslim woman.
The research method used is the descriptive method of content analytics, or document analysis techniques, or content analysis by collecting information and views, analysis of interpretations and opinions, in manuscripts, literature, or books of interpretation.
The result found that the interpretation of the verses of the Qur'an that stipulates the law prohibiting marriage between Muslims and non-Muslims is the interpretation of Sura alBaqarah verse 221 which stipulates that Muslims are prohibited from marrying non-Muslims and reveals that Ahl al-Kitab women are allowed to be married by Muslim men.
And also, the interpretation of sura al-Mumtahanah verse 10, and sura al-Tawbah verses 30-31, and reinforced by other narrations, which implies that the legal provisions of marriage between Muslims and non-Muslims are haram, including the law of marriage between a Muslim man and a woman Ahl al-Kitab is haram.
Received October 2023 Revised October 2023 Accepted October 2023 Keywords:
Fatwa MUI 1980 Mixed Marriage Prohibition of Marriage Muslims and non-Muslims Tafsir of the Quran Marriage Law This is an open access article under the CC BY-SA license.
Corresponding Author:
Name: Prof.
Dr.
Moh Najib.
Institution: UIN Sunan Gunung Djati Bandung e-mail: mohnajib@uinsgd.
INTRODUCTION
The Qur'an reveals many verses about marriage, including verses that express the commandments and exhortations to perform marriage, with various sociological, psychological, and ecological foundations of human living ecosystems.
Some verses of the Quran also reveal the benefits and wisdom of marriage, including revealing the wisdom of marriage to bring tranquility .
, mutual love .
, and mutual affection .
in the family.
The Bio Bioanthropological Foundation of human anthropology is revealed that human life through the process of heredity, because humans experience a process of life and death, humans start from nothing .
ot yet realize.
, then become there .
, and then no longer exist .
Economic foundations reveal that marriage brings many lessons formed from family activities and mobility.
The anthropological foundation reveals that humans are dreamed of consisting of paired types between men and women, then gave birth to the formation of human groups and Journal homepage: https://wsj.
westscience-press.
com/index.
php/wslhr A West Science Law and Human Rights tribes, from various human tribes then formed a system of interaction, and interaction then formed mutual knowledge and formed patterns of human life.
All processes of the human life system are thus manifested through the process of marriage.
The Quran not only reveals the process of forming a system of human life through marriage but the Quran also reveals about the correct mechanisms and procedures in the marriage process, because the correct processes and procedures will give birth to family life and produce good and true human Among the provisions in the Qur'an on which the Islamic Law on marriage is based is that marriage must be performed between couples of the same religion, the Islamic religion.
The Qur'an forbids marriages between non-Muslim couples, marriages between Muslim men and women and nonMuslims both men and women.
Several verses of the Qur'an reveal provisions non-religious marriages between Muslims and nonMuslims, and non-Muslim terms expressed in different terms: infidels, polytheists.
Jews.
Christians, watsaniyah, kitabiyyat, majusi, and others.
Starting from the differences and diversity of terms in the scope of nonMuslims in the provisions prohibiting marriage not of the same religion, this then gave birth to nuances of different views on the interpretation of terminology about the categories of polytheism stipulated by the Qur'an, prohibited marriage with them, and differences in views on marriage between Muslims and the Ahl al-Kitab.
The MUI's fatwa in the Second National Deliberation on May 26 Ae June 1, 1980, on Mixed Marriage stipulates that "the marriage of a Muslim woman with a nonMuslim man is unlawful.
A Muslim man is forbidden to marry a non-Muslim woman.
Regarding the marriage between Muslim men and Ahl al-Kitab women there is a difference of opinion.
After considering that the mafsadah was greater than the mashlahat, the Indonesian Ulema Council declared the marriage haram".
In this fatwa, the MUI has revealed the existence of non-Muslim categories and Ahl al-Kitab.
The mention of the Ahl al-Kitab category shows that the MUI considers the differences in views among tafsir scholars regarding the meaning of the Ahl al-Kitab category in a non-Muslim context and its legal implications, although later the MUI took the position of its fatwa stipulating that marriage between Muslims and Ahl al-Kitab is haram.
Sekretariat MUI.
Himpunan Fatwa Majelis Ulama Indonesia.
Jakarta.
Sekretariay MUI, 2010, h.
22 Inskandar.
Qualitative Research Methodology.
Jakarta:
Gaung Persada (GP Pres.
, 2009, p.
METHODS
This type of research is library research, which takes the object of research in the area of contained in books of tafsir, books of fiqh, ushul fiqh, books, and other literature.
This research approach is Qualitative, which emphasizes meaning, reasoning, definition in certain contexts, examining words, sentences from the view of mufassir.
Qualitative research2 requires a deep understanding related to the object under The research method used is the descriptive method of content analytics, or document analysis techniques, or content analysis by collecting information and views, analysis of interpretations and opinions, in RESULTS AND DISCUSSION 1 Interpretation of verses prohibiting interfaith marriage 1 Tafsir Surat al-Baqarah: 221 Jumhur ulama mufassirin revealed that against some verses of the Quran which form the basis that marriage between Muslims and non-Muslims according to Islamic Law is haram.
The main verse to Ibid.
, p.
Consuelo G.
Sevilla dkk.
Pengantar Metode Penelitian.
Jakarta: UI Press, 1993.
, h.
71 dan 93.
Vol.
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October 2023: pp.
West Science Law and Human Rights which it is referred to is Surah al-Baqarah verse 221:
a AOaE aeI aEO EeI e aEA
A a c Oa eaI acI aOaEaaI U acI eaIaI U a UeO aI eI acI e aaE s acOEaeO a e aa e aE eI o aOaEA
a a AE Oa e a eO aIA
AOA
AEA
AOA
AIA
AEA
AOA
AEA
AOA
AEA
AIA
AIA
AIA
AeOA
AIA
AIA
AIA
AEA
AOA
AOA
AIA
AIA
AOA
AcA
AeOA
AEA
AeIA
AEA
AOA
AEA
AIA
ia ca ca a a e a a e a e ca e e U a U e U ea a e a e a a a e a a ea o a a a a AeO OaNn EaEIA Aac Ea aEac aN eI Oaa a acEaeO aIA a aE EIac a n aO cEEa Oa e aeO aE eIac aOE aeI ea aa eINno aOOa "Do not marry women who are polytheists .
elieve in and worship gods other than Alla.
until they have faith in Allah.
Indeed women who serve Allah are better than idolatrous women, even though they attract you more.
And do not marry women who believe in Allah .
to men who believe in Allah until they believe in Allah, indeed men who believe in Allah are better than men who believe in Allah, even though they attract you more.
They .
he idolater.
invite to hell, while Allah invites to heaven and brings forgiveness with His permission.
Allah explains His commandment.
to man so that man will learn a lesson.
In the Book "Rowa'i' al-Bayan Tafsir Ayat al-Ahkam min al-Qur'an.
Shaykh Ali alShabuni explains the interpretation in Surah alBaqarah verse 221 that the sentence "do not marry women of idolatry" means "do not marry women who worship idols .
The word "al-musyrikah" is interpreted as "those who worship idols or those who do not have a religion of divine origin":
a AOaE aeI aEO EeI e aEA A OIEE NO EO EOI OEOAUA O aE OO EOIOA a a ANE OI IOO OIEN IEEA Another mufassir explains that the meaning of "al-musyrikah" not only means "alwatsaniyah" but also includes al-kitabiyyat .
he woman of Ahl al-Kita.
, the meaning of almusyrikah includes Ahl al-Kitab.
What alKiyabiyat or Ahl al-Kitab means in this verse are Jews and Christians.
The meaning of the phrase "al-musyrikah" which includes Jews and Christians is because the essence of Jewish and Christian beliefs and deeds is 'idolatrous".
This meaning is affirmed in Sura al-Tawbah verses 30-31 that "the Jews say the belief that "the Prophet Uzair" is the Son of Muhammad Ali al-Shabuni.
RawaAoi al-Bayan Tafsir Ayat al-Ahkam.
Jilid I.
Damaskus: Dar al-Qolam, 1990.
Juz I, h.
Zamakhsyari.
Abu al-Qasim Mahmud ibn Umar ibn Muhammad ibn Umar al-Khuwarizmi al-, al-Kasysyaf Aoan HaqaAoiq Ghawamidh al-Tanzil wa AoUyun al-Aqawil fi Wujuh al-TaAowil.
Beirut Libanon: Dar alMaAorifah.
Julid I, 2009, hal.
Razi al-,Fakhr al-Din , al-Tafsir al-Kabir.
Dar al-Kutub al-Islamiyah, tth.
, h.
God, the Nashranis say the belief that "Jesus is the Son of God").
Furthermore, at the end of this verse the sentence ".
Most Holy Allah from their deeds and beliefs (Jews and Christian.
who shirk .
to Allah":
AOCOE uNI I EEO O EI NE EE IEOI ECOEN aE ( OCE EONOA
AEOIA
AO I NEE OCE EIAO IEO I NEE ) uaE COEN (IN I OA The phrase )A(IN I OEOIAaffirms the Most Holy God, including the Most Holy of what they do which is to associate Allah.
The phrase "'amma yusyrikun" means that his fa'il is Jewish and Christian.
Jews believe Uzzair is the Son of God.
Christians believe Jesus is the Son of God.
Such beliefs fall into the category of "shirk" acts.
The use of the phrase A(IN IA )AOEOIAconfirms that God condemns Jewish and Christian beliefs and beliefs, and affirms that such beliefs are "idolatrous".
Since the beliefs and deeds of Jews and Nashranis are "shirk".
Jews and Christians are "polytheists".
Because they are "polytheists", the prohibition against marrying "polytheists" as referred to in verse 221 of Sura al-Baqarah includes a prohibition against marrying Jews and Christians, which means that the law of marrying Jews and Christians both men and women is haram.
Shaykh Ali al-Shabuni elaborated on the interpretation of verse 221 of Surat alBaqarah above:
AOaE OO IeO II IEI IEII c OIIO aNEE OOEN OEI OONIA AII i eOEEI II I OONI II IE INI EI OAA 7 AE OEI OEA AuI NaE Ae IeO OIEEA "Do not marry believers to idolatrous men, until they have faith in Allah and the Messenger of Allah.
Indeed marrying mukminat women to believing servant men is better for you than marrying mukminat women to free men but polytheism even though free polytheistic men are more amazing to you in terms of their wealth, offspring, and position, because they are Qurthubi .
Abu Abdullah Muhammad ibn Ahmad al- , al-Jami' li Ahkam al-QurAoan al-Karim.
Kairo: Dar alSyaAob.
Jilid i, t.
, h.
Sirazi.
Kamal al-Din ibnAbd al-Rasyid ibn al-Hammam al-.
Syarh Fath al-Qadir.
Beirut: Dar al-Kutub al-Auilmiyah.
Juz I, 1970, h.
6 Ibid.
7 Ibid.
, h.
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West Science Law and Human Rights 2 Sabab Nuzul Surat Al-Baqarah Ayat 221 To know a broad understanding of the law contained in this verse, it is necessary to examine the nuzul of this verse.
There are several narrations of this verse, but the mu'tabar is the sabab nuzul from the narration of Abdullah ibn Abbas which reveals that:
Ao I I I NN EO IE OA ( NEE I O) EI EN IA A OIN EON AEIN I uIN A AO EIO AEO NEE EON OEIA.
AOA
A OA: A I NO O NEE ACEA: AAN N ACE EN EIO AEO NEE EON OEIA
AOE NEE NO AOI OAEO OI EOO ON I aEuEN uaE NEE OIE OENA A OEO E aEC ECIN OEOINA: A ACEA.
A O NEE NN iA: AACEA
A OEIO OOI OA IE IEEA,A IE IA: A AN I II IEEIeO OCEOA, aEA
A AIE NN EOA,A OA NIA
"This verse was revealed at the same time as the incident to Abdullah ibn Rawahah, it is stated that "he had a black slave girl, he was very angry with the slave woman and threw her away, and let go.
After this event Abdulah ibn Rawahah came to the Prophet revealing the event to the Prophet .
eace be upon hi.
From this event, the Prophet asked Abdullah ibn Rawahah: "What is wrong with Amat Ya Abdullah ibn Rawahah?.
Abdullah ibn Rawahah then revealed: "O Messenger of Allah, my Amat .
emale servant of sahay.
often fasted, prayed often, often performed ablution well, creed La ilaha illa Allah wa annaka Muhammad Rasulullah".
After hearing the story, the Prophet told Abdullah ibn Rawahah: "O Abdullah ibn Rawahah.
He is a good Believer".
After the Prophet said this.
Abdullah ibn Rawahah said: "By Allah Dzat who has sent you righteously, "Truly I will set free my Amat woman and I will marry her".
Subsequently, he married the Amat".
But then the surrounding Muslim community gossiped about the act of Abdullah ibn Rawahah who married very much, because they considered the act of marrying a sahaya servant woman .
was flawed, the community ridiculed Abdullah ibn Rawahah for marrying a sahaya mukminah servant woman, ", while the common Arab Muslim community around prefers and is proud to marry a musyrikah woman than a sahaya servant woman even though it is a believer, for reasons of his position and rank.
Al-Thabari.
JamiAo Ayi.
, op.
, h.
Wahbah al-Zuhaili.
, al-Fiqh al-Islami.
, op.
Juz 7, h.
The following narration of the above verse reveals the anthropological, social background, and mindset of Muslims from among the Companions which is disputed and needs to be straightened out by the Qur'anic verse so that this verse was revealed to the Prophet Muhammad.
In some narrations it is mentioned that many of the Companions married Jewish and Christian women, because of their incorrect perspective and culture, that is, they viewed more proudly and preferred to marry Jewish and Christian women, because the majority of Jews and Christians were better in terms of beauty, social status, and wealth, even marrying sahaya servants was considered inferior and despised because of their social status.
Their economy, and their position, even though they are Muslims.
Among the Companions who married Jewish and Christian women were:
Uthman married Na'ilah bint Farafisoh a Christian, then he converted to Islam after Hudzaifah married a Jewish woman from the inhabitants of Mada'in.
Jabir married a Jewish woman and a Christian woman.
When Jabir was asked about his marriages to Jewish and Christian women, he replied "I married Jewish and Christian women during the time of Fath Makkah, and then his marriage in Kufa.
9 Such a historical background is revealed in the following AEI EA O NEE IN OO II NE EI A II O NEE IN IEA
AI Ea eO ONO IAIO OEI IN OO OA ONOO II NEA
A OI NI IIA:AIEI OE I IE IEEI EONOO OEIAIO ACEA
AEA aEEOAA Based on verse 221 of Surat alBaqarah, scholars agree that the law of marriage for a Muslim against a polytheist or non-Muslim woman is haram.
3 Tafsir Surat Al-Mumtahanah Ayat 10:
Another verse commonly used to postulate the legal prohibition of marriage Ibid.
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West Science Law and Human Rights between Muslims and non-Muslims is verse 10 of Surat al-Mumtahanah, namely:
a A aI N a s Aa eIa aaI eOaN acI a cEEa a eaE aI aaeOaNIaa acI a eIA a AeeOaOac aN EacOe aI aIaIeO a aE aI E aeI eIIA ca a s AaEaIaION acI I eaIIA A aE ae a eOaN acI aE Ee aEAac a aE aN acI a UcE acNEaeI aOaE aN eI aOE eO aI aNEa acI aOa eOaN eIA a aea e acIee aeI aA aC O OaE aI aEO aEI a eI aeI aEON acI a aee aOaION acI aON acI OaE aae a aEO aA aIA a ea a e a a ae a a e a e e ea a a a e a AeE aEOAa a eE aEOAa a OaEaO Iee aeI aA eCaI OEeOaEaO Iee aeI aA aC O Ea aEI EA a e ea a aAeI cEE eaO aE aI aeOaI aE eI aO cEEA e ae a e AaEaeO UI a aEeO UIA AuO believers, when you come to migrate to you women of faith, then you should test .
Allah knows more about their faith, so if you know that they .
have faith then do not return them to .
heir husband.
the unbelievers.
They are not lawful for the unbelievers, and the unbelievers are not lawful for them.
And give them the dowry they have paid.
And it is no sin for you to marry them if you pay them their dowry.
And do not hold on to the marriage cord with unbelieving women, and ask for the dowry they have paid.
Such is the law of God which He established among you.
And Allah is AllKnowing and All-Wise.
In verse 10 of Surat al-Mumtahanah the concept of lafadz used for the context of marriage with non-Muslims is "kafir", as seen in this passage AuAAyaE a ea a eOaN acI aaE Ee aEAac aA, and on the excavation of the sentence AuaI Ee aE aOAa aA a AAyOaE aae aE eO aA.
a In Surah al-Baqarah verse 221, the concept sentence used to identify non-Muslims is lafadz "al-musyrik".
This verse confirms that women who have migrated to Islam from previous infidels, then haram is returned to their original husbands who are still infidels.
The haram of women who have migrated to Islam is because of their disbelief.
And also, the affirmation that these women may be married by Muslim men because they have converted to Islam.
This verse confirms that it is haram for Muslim men to marry infidel women.
The haram of their marriage because of its infidels.
The affirmation of the haram of Muslim men marrying infidel women as well as Muslim women marrying infidel men is seen in the sentence Au caA" aE NaIac a EUc acE aN eI O aE aN eI Oa acE eOI E aNIAWhich confirms that infidel women are not halal to marry Muslim men, and vice versa Muslim women should not be married to non-Muslim men .
Likewise in the sentence " AA a AaOaE aaIA A aaEeO aE eI a eI aeI aE a eOaN acI aee aeO a aI eOaN acI a a eOaaN acIAshows the halality of Muslim men marrying women who have A migrated to Islam.
Thus, it is lawful for Muslim men to marry Hijra women because of their Islam.
2 Interpretation of The Verse on Which Muslim Men Are Allowed to Marry Ahl Al-Kitab Women 1 Tafsir Surat al-Maidah: 5 There are several scholarly opinions that allow Muslim men to marry Ahl al-Kitab The permissibility in question is limited to the permissibility for Muslim men to marry Ahl al-Kitab women, not vice versa.
Their view stems from an interpretation of the meaning and scope of the concept of Ahl alKitab, or al-Kitabiyyat.
Their opinion refers to the interpretation of verse 5 of Surat alMaidah, namely:
a AaEeO OI a a acE Ea aEI EacOa OaA A a UcE Eac aE eI anOa a aI aE eI a UcEA aa a a a a ea a AI EacOe aI aeOaO eA aA OEeIAI aII Eac aOI aOaO eA a AacNEI nOEeIAI aII EeI eaIIA eeA aI eI CaeEa aE eI a e ae a a a e a a a a a a e a a ea a AAIaeO aeO I aA aeO OaE IA AO a e a sIA e Aac aA a aa a a a eaeO a aI eOaN acI a a eOaaN acI aIA AuA (And it is lawful to marr.
women who keep honor among women of faith and women who keep honor among women who were given the Bible (Ahlu Kita.
before yo.
Ay.
By referring to this verse, some scholars argue that Muslim men may marry Ahl al-Kitab women.
The meaning of Ahl alKitab is Judaism and Christianity.
This opinion is based on a fragment of the a a A OEeIAIA.
a a ea a a A I aI EacOe aI aeOaO e A AuA.
nd it is lawful to marr.
women who keep honor among the women who were given the Bible (Ahlu Kita.
before yo.
Ay.
The meaning of al-Bibiyah is "one who believes, believes, is religious with the religion that comes from heaven, namely Jews.
Christians.
Ahl al-Kitab is a religious belief in the Torah and the Gospel.
Adherents of the Scriptures are Jews.
Adherents of the Gospel Scriptures are Christians.
Thus, the Ahl al-Kitab means Jews and Christians.
This is as expressed:
A NI NEA: AONE EEA.
AEEO NO EO II OI IOO EEONOO OEIAIOA
:AEO OuEIOE ECOEN aEA Vol.
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West Science Law and Human Rights )156 : AI COEO uII IE EE EO AeO II CEI (EIIA Shaykh M Ali Al-Shabuni revealed that there is a history that states that there are several opinions of scholars who state the law Muslim men can marry women of the dhimmi Ahl al-Kitab (Jews and Christian.
They base on the above sentences, including:
Jumhur ulama revealed that Muslim men may marry dhimmis from among Jews and Christians (Ahl al-Kita.
, based on the meaning of verse 5 of Surat al-Maida:
AN INO EACN uaE IN aOE EO aEIO II EONO OEIAO OEOA
) ANN EO ( OIEAI II EOI OO EE II CEEIA
Wahbah al-Zuhaili revealed that scholars agree that Muslim men may marry "al-Kitabiyat .
omen of Ahl al-Kita.
a A aEeOa eOaI a acE Ea aE aI EacOaA:AOC I EEI EO ua EO aEEO ECOEN aEA AOI OO ea aII C EaEIA a ea e a a ea a e a caA aI aI EA a AAIA a A aOE aeI eA.
Furthermore, they interpret that the phrase "al-musyrikah" has narrowed down meaning to include only "al-watsaniyyat" .
dolatrous woma.
and "magi woman", a A c O eaI acI OaE aeI aEO EeI e aEA A a cA a a a a a A " aOaE aeIE aO E aeI e aEA.
AE COEN aEA AI EEO AOO IENIA.
AEO I IE IEOO O EOIOA.
" AOa eaI acIA A "OI EOI OO EE E EEI OIEIA.
AECOEN aE OA O IEA AEOA.
A OIEAI II IEII OIEAI II EOI OO EEA.
AE NEIA
Their opinion that allows Muslim men to marry Ahl al-Kitab women also departs from the meaning of the phrase "almusyrik" narrowed to include pagans and magi other than Jews and Christians, while Jewish and Christian women do not include the scope of the meaning of "al-musyrikah".
Another reason many scholars interpret lafadz "al-musyrikat" does not include the Ahl al-Kitab, based on the verse AuAAyI OO EOI EAO II NE EE OaE IeOA.
Use of the letter 'athaf " in sentences AIIA A NE EE OaE IeOAshows the difference between Ahl al-Kitab and al-musyrikun, so the meaning of "al-musyrikah" does not include the meaning of "Ahl al-Kitab":
Wahbah al-Zuhaili, al-Fiqh al-Islami.
Juz 7, h.
M Ali al-Shabuni.
RowaAoiAo al-Bayan .
Juz I, h.
13 Wahbah al-Zuhaili, al-Fiqh .
, op.
Juz 7, h.
A eEINO I EA (IEE) aE OIOE NE EE ECOEN aE ( I OOA AEOI EAO II NE EE OaE IeO ) OCOEN aE (IE OEI EOI EAO IIA A OEA OCOA.
ANE EE OIeO) AC A IeO EO NE EEA A AN EA (IEE) aE OIOE EEOA.
AIEOA
2 Opinions of Madzhab Four Scholars Among the scholars of the fourth madhab, they argue that it is permissible for Muslim men to marry Ahl al-Kitab women but with different restrictions and conditions:
Hanafi scholars argue that it is unlawful for Muslim men to marry Ahl al-Kitab women if they are in the Dar al-Harbi region that is not subject to Islamic law, this is because it is feared that it will open the door to slander or disaster for him.
Maliki scholars argue that there are two opinions: .
Muslim men marry Ahl alKitab the law is makruh mutlaq, whether the woman is Ahl al-Kitab dhimmi or The law of Muslim men marrying Ahl al-Kitab women is not makruh mutlaq, on the grounds based on his dhohir lafadz in verse 5 of surah al-Maida.
Shafi'iyah scholars argue that Muslim men marry Ahl al-Kitab women the law is makruh if they live in the territory of Dar al-Islam, and verier makruh if it is carried out in the territory of Dar al-harbi.
Hanabilah scholars argue that Muslim men marrying Ahl al-Kitab women may be lawless without makruh, this is based on the generality of the sentence in sura alMaidah verse 5.
Shafi'iyah scholars and Hanablah scholars require the ability of a musliam man to marry an Ahl al-Kitab woman if both parents are really Ahl al-Kitab.
If his father is Ahl al-Kitab and his mother is Kafir watsani .
then his law is not In another narration it is mentioned that the Hanabilah scholars argue that the law Sayyid Sabiq.
Fiqh al-Sunnah.
Jilid II.
Ttp: 1988, h.
Wahbah al-Zuhaili, al-Fiqh al-Islami.
, op.
, h.
15 Al-Jaziri.
Abdurrahman, al-Fiqh 'ala al-Madzahib alArba'ah.
Juz IV.
Beirut: Dar al-Fikr, 2003, pp.
Vol.
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West Science Law and Human Rights of Muslim men marrying Ahl al-Kitab women is "khilaf al-awla"16 Imam Qatadah argues that the phrase "almusyrikah" is meant only for the "musyrikat al-Arab" of Arab polytheists only:
AAC CE C OA AeO EO uI IE aIEE (IE E ) EaEOA
AEO NEI E OCINA
Imam Hammad said that when he asked Ibrahim about the law of marrying Ahl alKitab women.
Ibrahim replied "what almusyrikah means" is "wise women and A aE NA: AI I CE E uNOI I OO EONO OEIAIO ACEA A uII EEA: A EO EENN aE OCOE ( OaE IEO IEE ) ACEA: AACEA AeEOO ONE EOIA Imam al-Thobari expressed an opinion in his Tafsir book "Jami' al-Bayan":
AOOaE ECOE OOaEEO I CEN C II I NEE aE EN OI COEN ( OaEA
AIEO IEE )II IE OEI II NE EE II IEE OI EO IA
ANN A aIN IE OI IIN O OI I NE EE eOaEA AAON OEE I NEE aE E COEN (OIEAI II EEOI OOEE IIA ACEEI) EEieO II IE aIAINI IE EO a NEI II I IEIIA 3 Refutation of The Scholar's Interpretation of Surah Al-Maidah Verse 5 The opinions of scholars allowing Muslim men to marry Ahl al-Bait women, based on the interpretation of sura al-Maidah verse 5, are refuted by the majority of scholars, with reference to many verses of the Qur'an, namely: sura al-Baqarah verse 221.
alMumtahanah verse 10.
and sura al-Tawbah verses 30-31, and corroborated by narrations from Umar ibn Khathab.
Abdullah ibn Umar.
Imamiyah Shi'a and Zaidyah Shi'a.
The basis of scholars who refute the opinion of the u.
The long period that allowed men to marry Ahl al-Kitab women was also based on the detailed interpretation of the Qur'anic verses Surah al-Baqarah verse 221, sura al-mumtahanah verse 10, and sura alTawbah verses 30-31, with the following explanation of interpretation:
Wahbah al-Zuhaili, al-Fiqh al-Islami wa Adillatuhu.
Damaskus: Dar al-Fikr.
Juz 7.
, 2008.
, h.
17 Muhamad Ali Al-Shabuni.
RowaAoiAo al-Bayan .
18Ibid.
1 Tafsir Surat al-Baqarah: 221.
By Majority of Mufassirun:
a AOaE aeI aEO EeI e aEA AeO a c Oa eaIaI eOA a A o aOaE aeIE aO E aeI e aEA.
A a c Oa eI acIA a a In this verse it is very clear that a Muslim man is forbidden to marry a polytheistic woman, as well as a Muslim woman is forbidden to marry a polytheistic The meaning of "al-Musyrik" includes Ahl al-Kitab, which is Jews and Christians because Jews and Christians are essentially Jupiters, they believe besides Allah there is God.
Jews believe that Uzair is the Son of God.
Christians believe that 'Isa is the Son of God, as sura al-Tawbah verses 30-31.
a AOaE aeI aEO EeI e aEA A OIEE NO EO EOI OEOAUA O aE OO EOIOA a a ANE OI IOO OIEN IEEA AOCOE uNI I EEO O EI NE EE IEOI ECOEN aE ( OCE EONOA ) AO I NEE OCE EIAO IEO I NEE ) uaE COEN (IN I OEOIA 2 Interpret the letter of al-Taubah verses 30-31:
A) OCE EONO O I NEE OCE EIAO IEO I NEE EEA30(
( ACONEI AONNI ONOI COE EOI EAO II CE CENI NEE OI OAEOIA
A) O NI ONNII aa II OI NEE OIEO I IIO OI IOA31 AuaE EOO NE O aE uEN uaE NO IN I OEOIA "The Jews say .
nd believ.
he Prophe.
Uzzair is the son of God.
Christians say and believe (Prophe.
Isa .
l-Masi.
is the son of Allah.
Such is the word of confidence from their mouths.
They imitated the utterances of the infidels before them.
God condemned them, why did they turn away .
They appointed their Ulema and monks to be Gods other than Allah, they also appointed (Is.
al-Masih son of Mary as a God other than Allah.
Though they were told to worship only Allah as God, there is no God but Allah.
Most Holy Allah for their shirk deeds.
Based on the affirmation of surah alTawbah verses 30-31 that the beliefs and deeds of Jews and Christians are "idolatrous", because they do and believe there is a God worshipped besides Allah.
Jews believe that Prophet Uzair is the Son of God.
Christians believe that Jesus is the Son of God, even Christians appoint Christian monks .
as God, thus.
Jews Thabari.
Abu JaAofar ibn Muhammad ibn Jarir al-.
Jami' alBayan Aoan TaAowil Ayi al-QurAoan.
Kairo: Hijr li al-ThabAoi wa al-Nasyr wa al-TawziAo wa al-IAolan.
Juz IV.
Cet.
II,
2001, h.
20 Ibid.
, h.
Vol.
No.
October 2023: pp.
West Science Law and Human Rights and Christians adopt the existence of a God other than Allah.
Thus, based on verses 30-31 of Surah al-Tawbah, it is very clear that the actions and beliefs of Jews and Christians are categorized as "idolatrous".
Because Jews and Christians, called Ahl al-Kitab, are categorized as "polytheists".
Jews and Christians are among the groups that are forbidden to marry both men and women, as mentioned in Sura alBaqarah verse 221.
Imam al-Thabari in his Book "Jami' alBayan.
an Ta'wil Ayi al-Qur'an, reveals the narration of Imam Juraij that the meaning of the sentence A ONOI COE EOI EAO II CEAis meaningful AuA ONOI COE EONOA:AOCOE EIAOA.
The narration of Ibn 'Abbas reveals the meaning of the sentence Au A ONOI COE EOI EAO II CEAis meaningful Au A CEO IEA:AOCOEA " AI CE NE EOIA.
In other narrations it is mentioned that its meaning is:
AEaE OEO OII EE EOA: AaOEOI CONEI COE NE EOI EOI CEOA Based on the narration of the meaning of the sentence AONOI COE EOI EAO II CEAabove shows that these Jewish and Christian expressions and beliefs are the same as those of idolaters .
hl al-awtsa.
, which means Jews and Christians are also categorized as 3 Tafsir Surat Al-Mumtahanah:
a A aI N a s Aa eIa aaI eOaN acI a cEEa a eEa aI aaeOaNIaa acI a eIA a AeeOaOac aN EacOe aI aIaIeO a aE aI E aeI eIIA ca a s AaEaIaION acI I eaIIA A aE a ea a eOaN acI aaE Ee aEAac a aE aN acI a UcE acNEaeI aOaE aN eI aOE eO aI aNEa acI aOa eOaN eIA a aea e acIee aeI aA aC O OaE aI aEO aEI a eI aeI aEON acI a aee aO aION acI aON acI OaE aae a aEO aA aIA a ea a e a a ae a a e a e e ea a a a e a AeE aEOAa a eE aEOAa a OaEaO Iee aeI aA eCaI OEeOaEaO Iee aeI aA aC O Ea aEI EeIA a AcEE eaO aE aI aeOaI aE eI aOA AcEEA a a e e a e e aa e a e ea a AaEaeO UI a aEeO UIA In sentences AuAAyaE a ea a eOaN acI aaE eE aEAac aA, then the sentence AuaI eE aE aOAa aA a AAyOaE aae aE eO aA, a affirms that Muslim men are not allowed to marry infidel women (Ahl al-Kita.
, and is further reinforced by the phrase " caA Au aE NaIac a EUc acE aN eI O aE aN eI Oa acE eOI E aNIAand then ended with a sentence Au eeA aaEeO aE eI a eI aeI aE a eOaN acI a aA a AaOaE aaIA A aeOa aI eOaN acI a a eOaaN acIA,All this confirms that it is not lawful for infidel women to marry Muslim men, and Al-Thabari.
JamiAo al.
Bayan.
Muhammad Ali al-Shabuni.
RowaAoi al-Bayan.
Ibid.
23 Ibid.
, h.
24 Wahbah al-Zuhaili, al-Fiqh al-Islami.
, h.
vice versa Muslim women should not be married to non-Muslim men .
4 Tafsir Syekh Ali al-Shabuni Against al-Baqarah: 221:
A OIE aEE NI EEA.
) AeO a c Oa eaIaI eOA a AE COEN aE a.
E aeIE aO E aeI e aEA A OEIAOIA.
A OEONOOA.
A OIEOOA.
AEA aE OOI OI uEaEI AOIE EOOIA A OEE I uEaEIA.
A AEE NaE aOI OONI aIEEIA.
A OIE I uEaEIA.
AOEO OaEOEO EONA Au.
By "al-shirk here we mean all infidels who do not have a religion in Islam.
The meanings of alshirk include al-watsani .
ne who worships idol.
, al-majusi .
ne who worships fir.
Jews.
Christians, and Apostates.
All these people are haram to be married by Muslims.
5 Interpretation of some other Some other mufassir scholars define the word al-musyrik to include all infidels, including the Ahl al-Kitab:
A O IINI A.
A uI EA IeO OIOE IO EEAA: AOCE EEIA A ECON aE .
I NEE aE OA I OE N OOA I OIA.
AEOI O NE EEA
) AEEA
6 Riwayat Umar ibn Khathab The narration of Umar ibn Khathab commanded the companions who married Ahl al-Kitab women that they release the Ahl al-Kitab women who were made their wives:
: A I E OEN AE uEONA: AuI OA O ONOO aIEI AE uEON IA .
A I EOE aE EO NA: AI O IeO IEIIeO CE AE uEON IA A AOOI INEA.
A AuOI A I OCO E IEEIOIA.
Ac EO OENA AEI eEINEI OEI EE AI EI IEEIeOA "The Companions of the Prophet, named Hudzaifah married Jewish women from several Seeing Haudzaifah thus.
Umar ibn Khatthab rebuked and Jabir married a Jewish and Christian woman.
25 Against them Umar rebuked and commanded: "Let go of their paths .
he women of Ahl al-Kita.
Then Hudzaifah wrote a letter to ask: is the law haram.
O Amir al-Mukmiminin? Umar replied: "Are you sure that this act is not prescribed in our book .
? So only then do you let go of your wife's path.
I am afraid that such acts are being followed by many other Muslims, so When Jabir was asked about his marriages to Jewish and Christian women, he said: "I married them in the days of the Makkah fath, and that too was in Baghdad.
Wahbah al-Zuhaily, al-Fiqh a.
l-Islami.
, op.
, .
juz VII.
Vol.
No.
October 2023: pp.
West Science Law and Human Rights many Muslims marry Ahl al-Kitab because of its beauty, while degrading Muslim women, and this is a slander for Muslim women".
7 Opinion of Abdullah ibn Umar Abdullah ibn Umar's opinion that it is unlawful for Muslim men to marry Ahl alKitab women.
As mentioned in the history:
A OEI u E IA.
AON I I O NEE INI uaE IO IE EEOA A I NEE aE IEE EO IEEIeO OaEA: AIE EE EIAIO O EONOO CEA A N OO O II NEE aEA: AA O II uEE II I COE IEA AuIt is unlawful for Muslim men to marry Ahl alKitab women.
When Ibn Umar was asked about the law of Muslim men marrying Jewish women and Nashrani Ahli al-Kitab, he replied: Allah Almighty has forbidden the marriage of polytheistic women to Muslim men.
I don't see anything higher than the expression and belief that "His God is Jesus, or 'Isa is God.
Isn't 'Isa actually a servant of God?:
8 Opinion of the Imamiyah Madhhab and Zaydi Shi'a The opinion of the Imamiyah Madhhab and Zaydiyya Shi'a that a Muslim man is haram to marry an Ahl al al-Kitab woman: a Jew and/or a Christian.
9 Opinion of Imam Ibn Jarir alThabari Imam Ibn Jarir al-Thabari that "Allah forbids a believing woman to be married to any polytheistic man, whether a Member of the Bible or not.
10 Imam al-Qurthubi Imam al-Qurthubi stated "do not marry a Muslim woman to a polytheistic "29 11 MUI Fatwa on Marriage between Muslims and Non-Muslims The MUI fatwa issued by MUNAS II MUI in 1980 concerning mixed marriage stipulates that: .
The marriage of a Muslim woman to a non-Muslim man is unlawful.
A Muslim man is forbidden to marry a nonMuslim woman.
On the marriage between a Muslim man and a woman of the People of the Muhamad Ali al-Shabuni.
RowaAoiAo al-Bayan .
27 Ibid.
28 Thabari.
Abu Ja'far ibn Muhammad ibn Jarir al-Bayan.
Jami' al-Bayan 'an Ta'wil Ayi al-Qur'an.
Kairo: Hijr li alThab'i wa al-Nasyr wa al-Tawzi' wa al-Tawzi' wa alI'lan.
Cet.
II, 2001, h.
Book there is a difference of opinion.
After considering that the mafsadah was greater than the maslahah, the Indonesian Ulema Council declared the marriage haram.
The foundation used by MUI in establishing the Fatwa on Mixed Marriage also uses Qur'anic verses regarding the provisions prohibiting marriage between.
Muslims with polytheists both men and women, and also the prohibition of marriage between Muslims and the Ahl al-Kitab, as outlined in the above interpretation of the Qur'anic verses Surat al-Baqarah verse 221.
alMaidah verse 5.
al-Mumtahanah verse 10.
alTahrim.
CONCLUSION
The interpretation of the verses of the Qur'an that stipulates the law prohibiting marriage between Muslims and nonMuslims is an interpretation of Surah alBaqarah verse 221 which stipulates that Muslims are prohibited from marrying non-Muslims.
Verse 221 of Surah alBaqarah uses the term polytheism to define the category of non-Muslims, whose meaning of polytheism in this verse includes everyone who is not religious according to the religion of Islam, whether watsani .
, majusi.
Jews or Christians.
The interpretation of the verses of the Qur'an which is often used as a reference by the scholars, mufaasir, which allows marriage between Muslim men and Jews and Christians, refers to Sura al-Maidah verse 5, which reveals that Ahl al-Kitab women are allowed to be married by Muslim men.
Interpretation of the meaning of Ahl al-Kitab which is interpreted as a community that is outside the category of polytheists, so that Muslim men can marry Qurthubi.
Abu Abdullah Muhammad ibn Ahmad, alJami'li Ahkam al-Qur'an al-Karim.
Kairo: Dar al-Sya'b.
Juz I, t.
, pp.
30 MUI Secretariat.
Fatwa Association of the Indonesian Ulema Council.
Jakarta.
MUI Secretariat, 2010, pp.
Vol.
No.
October 2023: pp.
West Science Law and Human Rights A Ahl al-Kitab women.
The Ahl al-Kitab in question are Yahud and Christianity.
Ulma's interpretation of sura al-Maidah verse 5 which is used as a reference to the perability of Muslim men to marry with the Ahl al-Kitab (Jews and Christian.
is refuted by other scholars on the basis of interpretation and interpretation of many verses from several suras al-Baqarah verse 221 regarding the meaning of alpolytheism which is interpreted to include all who are not Muslims, and who worship Than other than Allah, including Jews and Christians.
And also the interpretation of sura al-Mumtahanah verse 10, and sura alTawbah verses 30-31, and reinforced by other narrations, which implies that the legal provisions of marriage between Muslims and non-Muslims are haram, including the law of marriage between a Muslim man and a woman Ahl al-Kitab is Vol.
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West Science Law and Human Rights A REFERENCES