DOI: 10.
30821/miqot.
THE CONCEPT OF MARRIAGE FROM THE HASBI
ASH-SHIDDIEQY PERSPECTIVE : An Approach Maqasidi On Verses of Polygamy and Inter-religious Marriage Tafsir An-Nuur Muhammad Syahrial Razali Ibrahim Institut Agama Islam Negeri Lhokseumawe Jl.
Medan Banda Aceh.
Alue Awe.
Muara Dua.
Lhokseumawe.
Aceh, 24352 email: syahrialrazali@gmail.
Abstract: Marriage is sunnatullah and maintains the continuity of mankind on the values of obedience to Allah.
On this basis, the scholars then put restrictions, even prohibiting polygamy and interfaith marriage because it is believed that there are mafsadah that can interfere with the achievement of the purpose of This study wants to see Hasbi Ash-Shiddieqy's view through his work Tafsir An-Nuur regarding the prohibition of polygamy and the permissibility of marrying non-Muslim women, such as Jews.
Christians.
Hindus.
Buddhists and By using the interpretive analytical descriptive method, the researcher concludes that Hasbi Ash-Shiddieqy prohibits polygamy because of the perceived inability of a husband to implement the meaning of fairness.
According to him, fairness in surah al-Nisa' 3 and 129 includes material and spiritual fairness.
Likewise, with the prohibition of marrying polytheist women, he believes that the mafsadat that will arise is greater, namely apostasy and disbelief.
However, he allows kitabiyat marriage absolutely.
Included in the category of kitabiyat according to him are Hindu women.
Buddhists and the like.
Abstrak: Pernikahan adalah sunnatullah serta menjaga keberlangsungan umat manusia atas nilai-nilai ketaatan kepada Allah.
Atas dasar ini para ulama kemudian memberi batasan, bahkan melarang poligami dan nikah beda agama karena diyakini adanya mafsadah yang dapat mengganggu tercapainya tujuan pernikahan.
Kajian ini ingin melihat pandangan Hasbi Ash-Shiddieqy melalui karyanya Tafsir AnNuur terkait larangan poligami dan kebolehan menikahi perempuan non-muslim, seperti perempuan Yahudi.
Nasrani.
Hindu.
Budha dan lainnya.
Dengan menggunakan metode deskriptif analitis interpretif, peneliti menyimpulkan bahwa Hasbi AshShiddieqy melarang poligami karena anggapan ketidakmampuan seorang suami mengimplementasikan makna adil.
Menurutnya, adil dalam surah al-NisaAo 3 dan 129 mencakup adil materi dan ruhi.
Begitu juga halnya dengan larangan menikahi perempuan musyrikat, ia meyakini mafsadat yang akan muncul lebih besar, yaitu kemurtadan dan kekafiran.
Namun ia membolehkan nikah kitabiyat secara mutlak.
Masuk dalam kategori kitabiyat menurutnya perempuan Hindu.
Budha dan sejenisnya.
Key words: Interfaith marriage, polygamy.
Hasbi Al-Shidiqy, and Modernist Islam MIQOT: Jurnal Ilmu-ilmu Keislaman Volume 47.
Number 1 January-June 2023 MIQOT Vol.
47 No.
1 January - June 2023 Introduction One of the primary objectives of religious teachings (Maqasid Daruriya.
is to safeguard the well-being and honor of future generations.
Islam promotes the institution of marriage and provides several advantages in this regard.
By formalizing marriages through legal means, it aims to foster a prosperous society, recognizing that the earth serves as the very foundation for human existence in this vast universe.
Allah said.
AuHe has created you from the earth .
and made you prosperous thereinAy, (Hud: .
This illustrates the reasoning behind the practice of marriage in Islam, which not only allows Muslims to wed but also enhances the institution of marriage to attain both immediate and long-lasting prosperity.
This reasoning also leads to the understanding that marriage laws can vary based on the unique circumstances of individuals.
Depending on a personAos specific situation, marriage may be considered permissible, preferred, obligatory or even discouraged and If a marriage does not bring prosperity to the couple and instead causes harm or loss, it is deemed forbidden .
3 This has led scholars to forbid the practice of polygamy, as it is believed to create issues and conflicts within marriages between multiple wives and their children4.
Actually, based on the opinions of certain experts, polygamy is considered acceptable only in exceptional circumstances where there is a sincere commitment to treating each wife equitably5.
In Indonesia, people can find this description in Tafsir An Nuur, written by Teungku Muhammad Hasbi Ash Shiddieqy.
It serves as a source of information on the subject.
HasbiAos viewpoint aligns with the consensus among most scholars, who discourage polygamy unless the husband can ensure equitable treatment.
The distinction lies in the initial polygamy regulations.
scholars assert that it is permissible by law unless the husband is incapable of fair treatment7.
In the meantime.
Hasbi regarded polygamy as forbidden except when it is deemed necessary8.
Applying the maqasid sharia framework, he argued that polygamy would primarily result in harm .
Therefore, in his interpretation Nuruddin bin Mukhtar al-Khadimi,Knowledge of al-Maqasid al-Sharia, (Riyadh: Maktabah alAoAbikan, 2.
, 83.
AuAnd among the signs of His power is that He created for you wives of your own kind, so that you may be inclined and feel at ease with them, and He made love and affection between youAy.
Look:Wahbah al-Zuhaili,Tafsir al-Munir.
Vol.
11, (Damsyik: Dar al-Fikr, 2.
, 80.
Ali Abd al-AoAl al-Tahtawi,Shariah Kitab al-Nikah, (Beirut: Dar al-kutub al-AoIlmiah, 2.
, 28.
Sumanto Al-Qurtuby.
Between Polyginy And Monogamy: Marriage In Saudi Arabia And Beyond.
Al-JamiAoah: Journal Of Islamic Studies 60, no.
, 42 Ae 43.
Sayyid Muhammad Rasyid Ridha,Tafsir al-Manar, (Mesir: Dar al-Manar, 1367 H), 349.
Teungku Muhammad Hasbi Ash-Shiddieqy.
Tafsir An-Nuur.
Vol.
1, (Semarang: Rizki Putra Library, 2.
, 781.
Mustafa al-SibaAoi,Al-Mar-ah baina al-Fiqhi wa al-Qanun, (Riyadh: Maktabah al-Warraq, 1.
Teungku Muhammad Hasbi Ash-Shiddieqy,Tafsir An-Nuur.
Vol.
1, 780.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi of the conclusion of An-Nisa verse 3, he stressed that avoiding harm .
takes precedence over seeking benefits .
According to him, this principle should serve as the foundation for crafting legislation and issuing legal judgments 9.
Fascinatingly, in his discussions on polygamy.
Hasbi was unequivocal about prioritizing the avoidance of harm .
over seeking benefits .
However, he appeared somewhat less attentive to the topic of interfaith marriages10.
Numerous scholars prohibited marriage to Christian and Jewish women, commonly referred to as AuPeople of the BookAy .
, due to the perceived potential for harm .
associated with such unions11.
He indeed consented to this idea, even expanding the category of AuPeople of the BookAy .
to encompass individuals from Chinese.
Hindu, and similar backgrounds.
Despite his acknowledgment that marriage can profoundly influence oneAos soul, he believed that it could lead to a lack of objectivity between spouses.
Consequently, a husband might adopt his wifeAos beliefs, and likewise, a wife might be influenced by her husbandAos religious The information provided serves as a catalyst for the authorAos deeper exploration into HasbiAos perspectives on the aforementioned cases and the broader concept of marriage.
At its core, the central question is how Hasbi interprets verses related to polygamy and interfaith marriages and what underlies his interpretations, which may appear contradictory on the surface.
While he prohibits polygamy due to its potential for harm .
, he allows interfaith marriages without explicitly linking them to benefits .
This examination remains pertinent, despite addressing longstanding issues, because both polygamy and interfaith marriages are intricate challenges that extend beyond matters of interpretation.
They involve legal, cultural, economic, psychological, and human rights dimensions, making them complex and multifaceted issues that warrant ongoing scrutiny13.
Consequently, numerous prior investigations, scholarly papers, and an extensive body of literature have furnished substantial evidence to buttress the present research.
A recent, pertinent study in this context is AuClarifying Certain Perceptions About Polygamy: Exegesis of Surah An-NisaAo Verses 3 Ay Unlike this study, which does not center solely on the perspective and ideas of an individual concerning polygamy, it delves into various interpretation texts.
Notably, it does not make any reference to the viewpoints or explanations found in Tafsir An-Nuur14.
Ibid, 781.
Ibid.
Vol.
2, 1038.
See: KHI article 44.
MUI fatwa no 4/MUNAS VII?MUI/8/2005.
NU fatwa at the 28th Muktamar, in Jogyakarta, 22nd Fatwa Tarjih Muhammadiyah 1989 in Malang, all agreed not to marry nonMuslim women or People of the Book.
See also the following fatwas:https://w.
ar/fatwa/5315/, https://binbaz.
sa/fatwas/19075/, and https://w.
al-qaradawi.
net/node/ Teungku Muhammad Hasbi Ash-Shiddieqy,Tafsir An-Nuur.
Vol.
1, 373 Ae 374.
Sulhi M.
Daud.
Muhammad Rapik & Yulia Monita.
Raising the Legal Status of Religious Differences in the Perspective of Indonesian Jurisprudence,Invite: Journal of Law 5, no.
MIQOT Vol.
47 No.
1 January - June 2023 Another relevant article is AuKeadilan Berpoligami: Tinjauan Kritis Penafsiran M.
Quraish Shihab Terhadap QS.
An-NisaAo 3".
This research exclusively concentrates on the interpretation presented by Quraish Shihab.
Concerning the legitimacy of polygamy, this paper categorizes Quraish Shihab alongside figures such as Muhammad Abduh.
Sayyid Qutb, and Syahrur15.
There exists a subtle link between Quraish Shihab and Hasbi AshShiddieqyAos interpretations, as both advocate for a more restrictive approach to polygamy.
However, they diverge notably in their perspectives on fairness.
Quraish Shihab emphasizes material fairness, whereas Hasbi insists on a standard of fairness that encompasses both material and spiritual aspects.
Regarding interfaith marriages, a slightly relevant article is AuPernikahan Beda AgamaAy written by Zainal Arifin.
The subject matter of this article doesnAot exclusively rely on direct references from the QurAoan.
Instead, it incorporates key terms from the QurAoan related to interfaith marriage, like the concept of polytheists .
Much like Hasbi As-ShiddieqyAos viewpoint.
Zainal reaches a similar conclusion that women from Magi.
Sabian.
Hindu.
Buddhist.
Confucian.
Shinto, and similar backgrounds are not classified as musyrikat.
instead, they fall under the category of kitabiyat and can be Methodology This research is a library-based inquiry employing the descriptive-analytic-interpretive This approach is considered effective for delving deeper into HasbiAos perspectives on polygamy and interfaith marriages, as well as his interpretations of QurAoanic verses, with the primary data source being Tafsir An-Nuur.
To enhance the analytical rigor, the author leveraged a range of interpretation texts and numerous articles from reputable scholarly journals, in addition to relevant books, as secondary data.
Hasbi was chosen as the focal figure due to his esteemed legal standing, and this aligns with the distinctive nature of his work.
Tafsir An-Nuur, which offers a unique perspective on the Islamic jurisprudence .
related to ritual obligations in Indonesia.
HasbiAos strength lies in his ability to relate verse meanings to the Indonesian context.
Another compelling reason is that HasbiAos interpretations are marked by their freedom from adherence to specific Islamic schools .
, allowing him to present diverse narratives and scholarly opinions that align with the verses he interprets17.
Muhammad Kasim Saguni dan Syandri.
Meluruskan Beberapa Persepsi Tentang Poligami: Tafsir Surah An-NisaAo Ayat 3 Dan 129.
Nukhbatul AoUlum: Jurnal Bidang Kajian Islam, 4.
No.
171 Ae 172.
Nawir HK.
Aan Parhani.
Muhammad Alwi HS, and Fahruddin.
Polygamous Justice: A Critical Review of M.
Quraish ShihabAos Interpretation of QS.
An-NisaAo 4,Al-Izzah 15, no.
, 105.
Zainal Arifin.
Interfaith Marriage,Al-Insyiroh 2, no.
, 178.
Sudariyah,Construction of Tafsir Al-Quranul Majid An-Nur, authentic 3, no.
, 105.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi Results and Discussion Hasbi Ash-Shiddieqy and Method of Interpretation of Legal Verses Hasbi Ash-Shiddieqy is recognized as a prominent figure in the reform of Indonesian Islamic jurisprudence, notably for his concept of AuIndonesian Islamic jurisprudenceAy .
ikih Indonesi.
He was born in Lhokseumawe on March 10, 190419, a year before the death of an Islamic reformer figure Muhammad Abduh who died on July 11, 190520.
Hasbi was born as the eldest offspring of Teungku Amrah, the daughter of Teungku Abdul Aziz, and Alhaj Teungku Muhammad Husen, the son of Muhammad SuAoud.
His father held the title of Teungku Qadi Sri Maharaja Mangkubumi in Lhokseumawe, serving as a judge (Qad.
Hasbi adopted the surname Ash-Shiddieqy, and it is believed that his father.
Teungku Muhammad Husen, traces his lineage back to Abu Bakar Shiddiq21.
The role of Qadi was passed down to Hasbi from his father, who had previously held the same title.
Sri Maharaja Mangkubumi.
This position had also been held by HasbiAos maternal grandfather.
Abdul Aziz.
Abdul Aziz hailed from the extensive AuTeungkuAy family in Awe Geutah, a lineage known for producing numerous Muslim scholars 22.
He commenced his education in 1912 at Teungku SyikAos Islamic boarding school in Piyeung.
Subsequently, in 1918, he pursued a diploma and successfully finished his studies in Islamic jurisprudence .
and hadith after two years at Teungku SyikAos Islamic boarding school in Krueng Kale.
Aceh, completing his studies in 192023.
Nonetheless.
Hasbi was never content with his accomplishments during that period.
From a young age, he had a passion for reading and remained devoted to his studies.
His reading habit led him to discover a multitude of literary resources, including Arabic classics, modern Arabic works, and books in the Dutch language24.
HasbiAos perspectives on Islam underwent a substantial transformation when he encountered Shaykh Muhammad bin Salim Al-Kalali, an Islamic Modernist residing in Lhokseumawe who passed away in 1946.
During this period.
Hasbi had the chance to gain extensive Zulhamdi.
Pembaharuan Hukum Islam di Indonesia dan Tokoh-Tokohnya.
Jurnal Ilmiah Islam Futura 19, no.
2, .
, 239 Ae 258.
Nouruzzaman Shiddieqy,Indonesian Fiqh: Initiators and Ideas, (Yogyakarta: Student Library, 1.
Muhammad AoImarah,Al-Imam Muhammad Abduh: Mujaddid al-Dunya bitajaddud al-Din, (Kairo: Dar al-Syuruq, 1.
, 46.
Nouruzzaman Shiddieqy,Indonesian Fiqh,3.
Ahmad Syadzali,T.
M Hasbi Ash-Shiddieqy in the Conception of the Development of Islamic Law, (Jakarta: Ministry of Religion RI, 1.
, 10.
Arivaie Rahman.
Al-Fatihah in the Perspective of Mufassir Nusantara: A Comparative Study of Tafsir Al-Quran Al-Majid An-Nur and Tafsir Al-Azhar,Journal Of Contemporary Islam And Muslim Societies 2, no.
, 5.
Michael Feener.
Indonesian Movements For The Creation Of A National Madhhab.
Islamic Law And Society.
Koninklijke Brill NV.
Leiden .
, 98.
MIQOT Vol.
47 No.
1 January - June 2023 knowledge about the rejuvenation of Islamic thought from Al-Kalali and actively participated in discussions with him25.
Additionally, he delved into essential literature under Al-KalaliAos guidance, including Tafsir and Hadith.
This experience prompted his decision to enroll at Al-Irsyad Surabaya College .
in 1926, where he pursued Arabic studies until 1927, marking the conclusion of his formal educational path 26.
After his return from Surabaya, he continued to enhance his knowledge and skills through self-directed learning.
Thanks to his unwavering dedication and intense passion for reading, he authored over a hundred various books and articles.
In terms of academic recognition, he was granted two honorary Doctorate degrees in 1975, from both UNISBA and IAIN Sunan Kalijaga, and was appointed as a Professor in a functional role in 1960 27.
One of his notable works is the Tafsir Al-Quran Majid An-Nuur, a masterpiece he penned during his tenure within formal educational institutions 28.
some unique reasons and powerful reformist thoughts influenced HasbiAos writing.
In his view, the primary reason why Muslims lag behind in comparison to other nations is their abandonment of the QurAoan.
He believes that they merely recite the QurAoan but refrain from engaging in profound QurAoanic study.
In the introduction of Tafsir An-Nuur, he stated.
AuMuslims find themselves in a state of backwardness and vulnerability due to their growing detachment from the QurAoan.
Among humanity, there are those who are unwilling to apply their intellects to comprehend the QurAoan in the context of their times, while others are misinformed and have misconceptions.
Ay29 Broadly speaking.
Tafsir An-Nuur falls under the classification of rational interpretation .
il-Raky.
characterized by an analytical approach .
Concerning the presence of legal verses.
Hasbi held the belief that there are four fundamental principles or cornerstones within the QurAoan for legislating.
Firstly, it does not impose undue restrictions on the legally accountable Muslim .
Secondly, it avoids becoming overly burdensome to the point of causing weariness.
Thirdly, it facilitates the implementation of laws in a progressive manner, introducing new laws incrementally after the completion of previous Muhammad Syahrial Razali Ibrahim,Moderate Islam Revisits A Lesson From T.
M Hasbi AshShiddieqyAos Interpretation of Wasathiyah in Tafsir an-Nuur.
Journal of Contemporary Islam And Muslim Societies 6, no 1 .
, 8.
Masnun Tahir.
Thoughts of T.
M Hasbi Ash-Shiddieqy: Sources of Islamic Law and Its Relevance to Islamic Law in Indonesia,Al-Ahwal1, no.
, 125.
Nouruzzaman Shiddieqy,Indonesian Fiqh,6.
Mamluatun Nafisah from Muhammad Ulinnuha.
Moderasi Beragama Perspektif Hasbi AshShiddieqy.
Qurish Shihab from Hamka: Kajian Atas Tafsir An-Nur.
Al-Misbah from Al-Azhar,Suhuf 13, no.
, 59.
Tafsir An-Nuur.
Vol.
1, xi.
Ismatullah,M.
Hasbi Ash-ShiddieqiAos interpretation of the legal verses in Tafsir An-Nur.
Mazahib 13, no.
, 150.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi Fourthly, initially, all laws were revealed in a more general and concise manner .
, with detailed explanations provided subsequently.
Similarly, within the QurAoan, there are four methods for elucidating the law.
First, there are unequivocal .
directives where individual interpretation and judgment .
are unnecessary, as seen in laws pertaining to prayer, zakat, fasting, and adultery.
Second, some legal verses have meanings that are not entirely clear, leading to differences of opinion among scholars .
Third, the QurAoan consistently couples its instructions and prohibitions with incentives .
and warnings .
Fourth, laws are often reiterated in multiple sections of the text32.
Hasbi also articulated that the QurAoan establishes laws through four different Firstly, it employs the AumujmalAy approach for matters of worship, where the QurAoan provides only basic guidance, leaving the specifics of implementation to be determined by the ProphetAos Sunnah and individual interpretation .
Secondly, it offers a somewhat more detailed explanation, as seen in laws related to jihad, rules of engagement in warfare, the interaction between Islam and non-Muslim communities, and regulations concerning prisoners and war spoils.
Thirdly, it provides comprehensive and detailed guidance, encompassing laws explicitly outlined in the QurAoan and hadith .
, as well as the corresponding punishments .
, personal status matters .
hwal syaksia.
, and laws designed to prevent harm to women .
Lastly, it establishes laws by laying down general principles and guidelines33.
In another context.
Hasbi elaborated on the flexibility inherent in Quranic legal texts, which can be observed from four different facets 34.
When a Quranic verse elucidates the laws of worship, it provides detailed guidance, eliminating the need for individual interpretation .
In contrast, with matters of muamalah .
, the Quran presents broad principles, allowing Muslim leaders .
the flexibility to determine specific details in alignment with the requirements of benefit and public interest .
Secondly, the indications .
and legal directives within the verses are not solely confined to the textual meaning of the verse itself.
they can also be inferred from the surrounding context .
A mujtahid, in their interpretation, can derive a multitude of specific laws .
from a single legal directive .
, while simultaneously, the nash serves as the foundation for these derived laws .
Hasbi Ash-Shiddieqy,History and Introduction to Al-Quran Knowledge, (Jakarta: Bintang Bulan, 1.
, h.
Ibid, 163.
Hasbi Ash-Shiddieqy,History and Introduction to Al-Quran Knowledge, 164.
M Hasbi Ash-Shiddieqy,Dynamics and Elasticity of Islamic Law, (Jakarta: Tintamas, 1.
, 30 Ae 32.
MIQOT Vol.
47 No.
1 January - June 2023 Every law established by the QurAoan using legal verses is inherently linked to the concept of illah .
and maslahah .
as the basis for the formation of the However, itAos important to note that not all illah are explicitly mentioned .
in the Quranic verses.
some are only implied.
In such cases, a mujtahid can deduce a range of laws for various issues that lack explicit legal provisions in the text .
Legal regulations outlined in diverse statutes through legal verses are deemed comprehensive when they are enacted by establishing overarching principles and guidelines.
These overarching principles and guidelines subsequently serve as the foundation for mujtahid to determine the law, thereby fostering equity and benefit for humanity.
In simpler terms, the points mentioned above illustrate HasbiAos framework for interpreting legal verses, which involves considering both the literal meaning of the text and its contextual The contextual meaning is further substantiated by the exploration of Aoillah, which is present in every Quranic verse, whether explicitly stated or implied.
The underlying belief is that God does not legislate anything .
ommands or prohibition.
without a rationale (Aoilla.
behind it, aiming to promote benefit and prevent harm.
This forms the essence of tafsir maqasidi, a method that combines a linguistic approach .
with a benefitoriented approach .
to delve into and elucidate the objectives of Islamic law .
aqasid shariaAoa.
In essence, maqasidi interpretation strives to blend the harfi method .
with the maslahi approach .
in order to grasp AllahAos intent in the Quran35.
Purpose (Maqasi.
Marriage in Tafsir An-Nuur In reality, all living beings require a companion to attain equilibrium in life, and this applies to humans as well.
As Allah states.
AuGod has created for you mates from among yourselves and has created for you, from your mates, children and grandchildren and has provided you with good thingsAy (Quran.
An-Nahl: .
In this verse, a AumateAy refers to a spouse.
These spouses, originating from the same species, are intended to establish equilibrium and harmony while reaping various advantages.
Without both men and women being of the same species, a marriage would lack affection and happiness36.
Islam, through its shariah, including the laws regarding marriage, is present for the betterment of humanity.
In one verse.
GodAos words state.
AuAnd among His signs is that He created for you from among yourselves mates that you may find tranquility in them, and He placed between you affection and mercyAy (Quran.
Ar-Rum: .
This verse underscores the primary objective of marriage (Aoillah ashila.
, which is to attain inner peace and serenity.
Some scholars assert that this peace in the verse applies to both the Ainur Rifqi and A.
Halil Thahir.
Tafsir Maqasidi.
Building Interpretation Paradigm Based on Maslahah,Millah Journal of Religious Studies 18, no.
, 345 Ae 349.
Wahbah al-Zuhaili,Tafsir al-Munir.
Vol.
7, 496.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi wife and the husband.
Just as a husband finds peace in his wife, so too does the wife find peace in her husband.
Through marriage.
Islam not only fosters a sense of peace in each spouse but also cultivates love .
between them and complements their union.
Moreover, there is affection .
that sustains their relationship37.
There is a notable similarity between HasbiAos interpretation of the purpose of marriage and the explanations provided by most interpretive scholars.
HasbiAos approach lacks extensive elaboration on each interpreted verse, but the intended meaning is readily In Tafsir An-Nuur, several verses indicate that Hasbi identifies at least four primary objectives .
of marriage, including: .
attaining peace, .
averting slander, .
establishing a family, and .
nurturing a righteous generation.
The key verses that underpin and define the purpose of marriage include Romans 21.
Al-AAoraf 189.
An-Nur 32, and An-Nahl 72.
In his interpretation of Surah Rum verse 21.
Hasbi underscores the wisdom behind spouses being of the same species.
The rationale for God creating husbands and wives from the same species .
is to enable mutual acceptance and the stirring of affection between them, thereby fostering harmony and tranquility.
Beyond peace.
God also instills a deep sense of love and benevolence in the hearts of spouses, facilitating the smooth functioning, harmony, and intimacy of their family life.
Hasbi further asserts that the psychological bond between husband and wife can sometimes surpass the psychological connection with their parents.
These aspects undoubtedly hold profound wisdom for those who reflect upon them38.
This wisdom is evident in his interpretation of Surah AnNahl 72.
He elucidated that humans, in partnership with their spouses, can accomplish a multitude of important tasks and responsibilities .
while effectively managing and overseeing their domestic lives39.
In his interpretation of Surah An-Nur, verse 32.
Hasbi underscored the concept that marriage fosters a sense of sufficiency and balance between spouses.
He explained that marriage inherently instills a feeling of responsibility in the married couple.
A husband, driven by his sense of responsibility towards his children and wife, naturally strives to provide for their well-being.
Consequently, it becomes evident why the Quran advises unmarried individuals to enter into marriage.
This recommendation can even turn into an obligation if remaining single would lead to negative talk about a person.
Based on this verse.
Hasbi also concluded that marriage should not be dissolved solely because the husband is no longer able to provide financially.
This is because Allah has promised sufficiency for all, without distinction between those who are already married and those who are yet to take a spouse40.
Ibid.
Teugku Muhammad Hasbi Ash-Shiddieqy,Tafsir An-Nuur.
Vol.
4, 3170.
Ibid.
Vol.
3, 2251.
Ibid.
Vol.
4, 2820 Ae 2821.
MIQOT Vol.
47 No.
1 January - June 2023 According to Hasbi, when an individual reaches the age suitable for marriage but has not yet found their compatible life partner, they may experience inner turmoil and anxiety.
He believed that this emotional state aligns with the concept of Ausakinah,Ay as mentioned in Surah Al-AAoraf 189.
Hasbi interpreted the verse as follows: AuHe is the one who created you from a single soul and from it.
He created its mate, so that they may find comfort and affection in one anotherAy41.
Marriage, as per HasbiAos perspective, extends beyond fulfilling biological desires.
He referred to his interpretation of Al-Baqarah 187, where he mentioned that itAos permissible for spouses to engage in sexual relations during Ramadan nights because men may find it difficult to control their desire for their wives.
He also cited another verse in which Allah affirms that AuYour wives are a place of sowing of seed for you, so come to your place of cultivation however you wishAy (Al-Baqarah: .
According to Hasbi, sexual intimacy is not exclusive to men but is a shared right within marriage.
He even emphasized that Auhusbands can approach their wives as they mutually desireAy42.
According to Hasbi, the primary goal of marriage is to produce righteous offspring who can carry forward the mission of khilafah, contributing to the prosperity of the Earth.
The sexual relationship between a husband and wife is seen as a delightful aspect of life and a form of embellishment.
This perspective aligns with AllahAos words in verse 14 of Surah Ali AoImran, where it is stated that Auhumans have been adorned with an inclination towards desires, including a fondness for women .
and children.
Ay Hasbi maintains that menAos natural inclination towards desire for women is an inherent aspect of human nature and is vital for human existence.
He further asserts that menAos affection for women plays a significant role in the progress and survival of humanity43.
Nonetheless, the world cannot thrive if it is populated by individuals who disregard religious obligations.
Consequently, when interpreting Al-Baqarah 223.
Hasbi underscored that this verse serves as an encouragement from Allah for believers to seek virtuous and affectionate spouses.
These potential wives should possess the capability to nurture their children and serve as exemplary role models for them.
According to Hasbi, the ideal family aligns with one of GodAos commandments.
AuO you who have believed, save yourselves and your families from a Fire,Ay (Al-Tahrim: .
He emphasized that a MuslimAos foremost duty is self-improvement, followed by the endeavor to establish a family .
omprising children and a spous.
rooted in genuine religious values44.
Polygamy GodAos words in the Quran state.
AuAnd if you fear that you will not deal justly with the orphan girls, then marry those that please you of .
women, two or three or Ibid.
Vol.
2, 1528.
Ibid, 381.
Ibid, 539 Ae 540.
Ibid.
Vol.
5, 4279.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi But if you fear that you will not be just, then .
arry onl.
one or those your right hand possesses.
That is more suitable that you may not incline .
o injustic.
Ay (An-NisaAo:
This Quranic verse serves as the foundation for the practice of polygamy in Islam.
has been the basis for the position held by a number of scholars who permit polygamy for those who can treat their wives equitably45.
Apart from the aforementioned verse, scholars who endorse the permissibility of polygamy also derive their stance from various Hadiths of the Prophet.
For instance, there is the narration of the ProphetAos counsel to Harith bin Qais when he embraced Islam while having eight wives, where the Prophet advised him to Auchoose four of themAy (Reported in Abu Dau.
Additionally, there is the case of Ghailan al-Tsaqafi, who had ten wives.
When he embraced Islam, the Prophet instructed him.
Auselect four of themAy (Reported in Tirmiz.
Similarly.
Noval bin Mughirah recounted.
AuI embraced Islam while having five wives, so I inquired from the Prophet, and he advised.
AoDivorce one and keep fourAy, (HR:
Baihaq.
Their contention was that prior to the advent of Islam, polygamy was prevalent worldwide, and it continued to be accepted in certain regions, including China.
India, and several African nations.
This suggests that Islam was not the pioneer in formalizing the practice of polygamy48.
Furthermore, the religious laws of previous prophets also indicated the prevalence of polygamy.
For example, the Prophet Ibrahim had multiple wives, as did the Prophet YaAoqub, who had four.
Additionally, the Prophet David and his son.
Prophet Solomon, were known to have married numerous women, with a Hadith mentioning that Solomon had one hundred wives49.
However, when Islam emerged, it set a cap of four wives through the revelation of the mentioned verse.
Subsequently, the practice of polygamy continued in the generations following the Prophet, including the TabiAoin and beyond.
Mahmud Syaltut asserted that this consensus among Islamic scholars has persisted from the time of the companions of the Prophet up to the present day50.
Polygamy has been a longstanding tradition in certain Muslim communities in Indonesia.
However, this practice has sometimes led to the mistreatment of women.
Consequently, several laws and regulations have been enacted to safeguard the rights and dignity of Dahlia Halia MaAou.
The Harmonization of Poligamy Between Islamic Law and Legal Law in Indonesia, samarah 7, no.
, 674.
Abi Daud Sulaiman bin al-AsyAoats al-Sajistani,His name is Abi Daud, (Riyadh: Maktabat alMaAoarif, n.
, 390.
Abi Bakar Ahmad bin Husain bin Ali al-Baihaqi,Al-Sunan al-Kubra.
Vol.
7, (Beirut: Dar alKutub al-Ilmiyah, 2.
, 299.
Muhammad bin Musfir bin Husain al-Tawil,TaAoaddud al-Zaujat fi al-Islam, (Mekkah: Jamiyyat Ansar al-Sunnah, 2.
, 4.
Abu Abdillah Muhammad bin IsmaAoil al-Bukhari,Al-JamiAo al-Shahih.
Vol.
3, (Cairo: Al-MatbaAoat al-Salafiah, 1400 H), 397.
Mahmud Syaltut,Al-Islam AoAqidah wa SyariAoah, (Kairo: Dar al-Syuruq, 2.
, 183.
MIQOT Vol.
47 No.
1 January - June 2023 Examples of such regulations include Law No.
1 of 1974 and the Compilation of Islamic Law (KHI).
Both of these state regulations are aimed at regulating and imposing restrictions on the practice of polygamy 51.
Nevertheless, these regulations still offer a pathway and an opportunity for those interested in practicing polygamy.
In other words, they impose stringent conditions, but they do not completely prohibit polygamous unions52.
However, according to certain scholars, polygamy remains prohibited except in cases of necessity.
Hasbi Ash-Shiddieqy was among those who endorsed this viewpoint.
He contended that, fundamentally, polygamy was not allowed except in exceptional circumstances.
Yet, achieving such exceptional circumstances was highly improbable due to the arduous requirement of maintaining absolute equity as mandated by the Quran.
God stated.
AuAnd you will never be able to be equitable between wives, even if you should strive to do soAy (An-NisaAo: .
Hasbi interpreted AuequitableAy to encompass emotional aspects like love and affection.
This implies that a husband must treat his wives both outwardly and inwardly with fairness.
Consequently, according to his perspective.
Auit is implausible for a man to have the same level of love for each of his wives.
Ay As a result, polygamy cannot be undertaken casually.
it is permissible only for those who genuinely believe they can act justly and are immune from any form of deception 53.
Furthermore, in addition to his interpretation of the concept of fairness.
Hasbi also drew upon the perspectives of MuAotazilah scholars.
According to him, these scholars held a very stringent stance on polygamy, disallowing a person from taking another wife while still married to the first.
They were deeply concerned about the harm and various issues arising from the practice of polygamy, which, in HasbiAos view, went against both reason and religion.
He pointed out that in Islamic jurisprudence, the principle of Authe means .
has the same ruling as the end .
Ay is upheld.
This implies that if polygamy leads to the husbandAos oppressive behavior towards his wives, then the path to polygamy must be deemed impermissible.
Consequently, he concluded that having more than one wife is AuunlawfulAy54.
Hasbi Ash-ShiddieqyAos perspective on the practice of polygamy, which leads him to conclude that it is haram .
, is underpinned by at least two key factors.
Firstly, he places great emphasis on interpreting the concept of fairness.
In his view, polygamy is only permissible if an individual can treat their wives fairly, encompassing both material aspects and matters of the heart.
He believes that the term AufairAy found in verse 3 of An-Nisa has the same meaning as the term found in An-NisaAo verse 129.
Dri Santoso dan Muhammad Nasruddin.
Polygamy in Indonesia And Its Relevance To The Protection Of Women And Children In The Perspective Of Islamic Law Philosophy.
Academics:
Journal of Islamic Thought 26, no.
, 125.
https://perpustakaan.
id/assets/resource/ebook/23.
pdf /accessed date 10 November 2022.
Teungku Muhammad Hasbi Ash-Shiddieqy,Tafsir An-Nuur.
Vol.
1, 780 Ae 781.
Teugku Muhammad Hasbi Ash-Shiddieqy,Tafsir An-Nuur.
Vol.
1, 781.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi Numerous scholars contend that the term AufairAy in both of these verses carries a similar meaning.
Mustafa SibaAoi, for example, asserted that in the first verse.
AufairnessAy is limited to justice in external matters like providing food, clothing, and shelter, and does not extend to matters of emotional or psychological significance.
This perspective arises from the belief that it would be impossible for God to permit polygamy and then impose requirements that surpass human capabilities.
55 Abdul Wahab Khalaf went as far as to assert that the directive to restrict oneself to only one wife if there is a fear of injustice underscores the imperative to treat all wives fairly when practicing polygamy.
This requirement to act justly signifies that fairness is an achievable standard for humans, particularly concerning material aspects like sustenance and related matters.
However, when it comes to matters involving the heart, such as love and affection, there is no obligatory demand for actions that are beyond oneAos capacity to provide56.
If it is indeed the case that the justice mentioned in An-NisaAo verse 3 pertains to matters of the heart and is deemed unattainable by anyone, as implied by verse An-NisaAo 129, this does not necessarily imply that polygamy is forbidden.
In this verse.
Allah advises against showing excessive favoritism towards one wife to the detriment of the others, and this leniency is granted in situations where absolute justice cannot be achieved.
There is a hadith narrated by various scholars and authenticated by Ibn Hibban and Hakim, in which Aisyah stated that the Prophet used to allocate his time among his wives and endeavored to treat them fairly.
During his prayers, he would say.
AuO Allah, this is the division .
mong my wive.
that I am capable of.
do not hold me accountable for matters that You possess but I do not.
Ay Imam Tirmizi interpreted Aumatters I do not possessAy to refer to the matters of love and emotional inclination of the heart.
This is how scholars have understood it57.
Another reason that compelled Hasbi to firmly assert the prohibition of polygamy was his belief that having multiple wives could lead to negative consequences or mafsadah.
Given that marriage is intended to bring about peace, establish a harmonious household, and nurture a pious generation, if polygamy ultimately undermines these objectives, it should be prevented .
addu zariAoa.
This perspective is a direct consequence of his concept of fairness.
According to Hasbi, if a husband is incapable of distributing affection and love equally among his wives, it amounts to injustice towards them.
Such an attitude can undoubtedly have detrimental effects on family dynamics, potentially causing various issues .
both among the children and between the wives.
Avoiding mafsadah is unquestionably more desirable than pursuing maslahah, particularly given the nature Mustafa al-SibaAoi,Al-Mar-ah baina al-Fiqhi wa al-Qanun, 80 Ae 81.
Abdul Wahhab Khalaf,Ahkam al-Ahwal al-Syakhsiah fi al-Syariah al-Islamiah, (Kuwait: Dar alQalam, 1.
, 118.
Ahmad bin AoAli ibn Hajar al-AoAsqalani,Fathul Bari.
Vol.
11, (Riyadh: Dar al-Tibah, 2.
, 657.
MIQOT Vol.
47 No.
1 January - June 2023 of the situation.
In the view of certain scholars, such as Al-Ghazali and Syatibi, rejecting mafsadah is equivalent to achieving maslahah58.
Interfaith Marriage In general, interfaith marriages can be categorized into three main types: 1.
The marriage of a Muslim with a woman who follows the People of the Book .
The marriage of a Muslim with a woman who practices polytheism.
The marriage of Muslim women to non-Muslim men, including both polytheistic men and Ahl al-Kitab (People of the Boo.
The first type of marriage is based on Quranic verse Al-Maidah: 5, which states.
AuOn this day it is lawful for you that which is good.
The food .
of those who were given the Book is lawful for you, and your food is lawful for them.
(And it is permissible to marr.
women who guard their honor among believing women and women who guard their honor among those who were given the Book before you.
Ay Most scholars consider this verse as the foundational basis for allowing a Muslim to marry a woman from the People of the Book.
59 Nonetheless, the exact interpretation of the term AukitabiyatAy continues to be a matter of discussion among scholars.
One perspective suggests that the kitabiyat category includes individuals who belong to the lineage of Bani Israel and have received the Torah and the Bible.
According to this viewpoint, those who adhere to the Torah and the Bible but are not descendants of Bani Israel are not considered kitabiyat.
Therefore, it is not permissible to consume their slaughtered animals or marry their women.
60 Another viewpoint defines the People of the Book as those who had faith in the Torah and the Bible prior to the start of Prophet MuhammadAos mission, which includes individuals from Bani Israel as well as those not belonging to their lineage.
Conversely, individuals who embraced Christianity after the advent of Prophet MuhammadAos mission are not regarded as People of the Book, as is the case with Christians in Arab Consequently, it is not permissible for Muslims to consume the meat slaughtered by them.
61 Ibn Jarir asserts that anyone who declares themselves as followers of Judaism or Christianity should be categorized as Kitabiyat, regardless of whether they have a lineage tied to the Bani Israel or not.
62 In line with Ibn JarirAos perspective.
Ibn AoAssyria defines Kitabiyat as those who follow the Torah and the Bible, encompassing both those Muhammad Yusuf.
The Al-Maslahah Al-Mursalah Approach In the MUI Fatwa on Marriage of Different Religions,Ahkam 13, no.
1, .
, 106 Ae 107.
Muhammad bin Ahmad bin Abi Bakr al-Qurtubi.
Al-JamiAo li al-Ahkam al-Quran.
Vol.
7, (Bairut:
Muassasat al-Risalah, 2.
, 320.
Muhamamd bin Yusuf Abu Hayyan al-Andalusi.
Al-Bahr al-Muhith.
Vol.
3, (Bairut: Dar al-Kitab al-AoIlmiah, 1.
, 447.
Muhammad Jamaluddin al-Qasimi.
Mahasin al-TaAowil, (Kairo: Dar Ihya al-Kutub al-AoArabiah, 1.
, 1863.
Ibnu Jarir.
Tafsir Al-Tabari.
Vol.
8, 134.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi who were initially called by Prophet Musa and those who voluntarily adopted these scriptures later on.
He emphasizes that although Prophets Musa and Isa primarily addressed the Bani Israel, many individuals from various backgrounds, including the people of Yemen, also embraced Judaism.
Similarly, individuals adhering to Christian teachings from Arab communities like Bani Taghlib.
BahraAo.
Kalb.
Lakham.
Najar, and others are recognized as People of the Book by most scholars63.
The second scenario involves a Muslim marrying a polytheistic woman, and this union is prohibited according to GodAos command, as stated in the verse.
AuAnd do not marry polytheist women before they believe.
Indeed, a slave woman who is a believer is better than a polytheist woman, even if she attracts your heart.
And do not marry polytheists .
ith believing wome.
before they believe.
Indeed, a believing slave is better than a polytheist, even if he attracts your heart.
They invite to hell, while God invites to heaven and forgiveness with His permission.
And Allah explains His verses (His commandment.
to people so that they take lessonsAy .
l-Baqarah: .
According to Ibn Jarir, the most appropriate interpretation of this verse aligns with QatadahAos viewpoint.
Qatadah suggests that the term AumusyrikatAy .
eferring to polytheistic wome.
in this verse does not encompass women from the People of the Book.
This verse has both a general and a specific meaning.
While AumusyrikatAy includes all women who associate partners with Allah, it specifically excludes women from the People of the Book, even though they may also, in essence, be associating partners with Allah.
Imam Qatadah firmly asserts that women from the People of the Book should not be included within the scope of this verse, thus allowing Muslim men to marry them.
Another verse that forbids the marriage of Muslim men to polytheistic women can be found in AllahAos words.
AuAnd do not hold onto the ties of marriage with disbelieving womenAy (Surah Al-Mumtahanah: .
This verse was revealed in a specific context, targeting the disbelievers, particularly the polytheists living in Mecca at that time.
According to Ibn JarirAos explanation, this verse clearly prohibits Muslim men from entering into marriage with women who follow polytheistic beliefs and engage in idol worship.
Moreover, it emphasizes the obligation for Muslim men to dissolve such marriages if they have already been contracted.
The third scenario involves the marriage of Muslim women to non-Muslim men, be they polytheists or People of the Book.
Such unions are prohibited, as stated in Surah Al-Baqarah 221.
Auand do not marry polytheists .
ith believing wome.
before they believe.
Indeed, a believing slave is better than a polytheist, even if he attracts your heart.
They Muhammad Tahir ibn AoAsyur.
Al-Tahrir wa al-Tanwir.
Vol.
6, (Tunis: Dar al-Tunisiah, 1.
Ibnu Jarir.
Tafsir Al-Tabari.
Vol.
3, 714 Ae 715.
Ibid.
Vol.
22, 583.
MIQOT Vol.
47 No.
1 January - June 2023 invite to hell, while God invites to heaven and forgiveness with His permission.
And Allah explains His verses (His commandment.
to people so that they take lessons.
Ay The term Aumusyrik,Ay mentioned in this verse, encompasses all non-believing men, including those who follow idolatry.
Zoroastrianism.
Judaism.
Christianity, and those who have renounced their faith.
The underlying reason .
for categorizing them as AumusyrikAy and prohibiting their marriage to Muslim women stems from the exalted status of Islam compared to other belief systems.
While Muslim men are allowed to marry women from the Jewish or Christian faith, the reverse scenario is not sanctioned.
This precaution is taken due to the potential influence a husband may exert, possibly compelling his wife to adopt his disbelieving beliefs.
Additionally, it acknowledges the common tendency of children to follow their fatherAos religious path.
Therefore, if the father practices Judaism, his children will likely be raised within that faith.
This aligns with the essence of AllahAos statement.
AuThey invite .
to the Fire,Ay indicating the potential spiritual harm involved.
Additional supporting evidence is found in Surah Al-Mumtahanah: 10, where it states.
AuO you who believe, when believing women migrate to you, then you should test them .
Allah knows best about their faith.
then if you have known that they are .
believers then do not return them to .
heir husband.
the disbelievers.
They are not halal for the infidels and the infidels are not halal for them.
Ay During the revelation of this verse, a treaty existed between the Muslim community and the Quraish disbelievers, stipulating that if individuals from Mecca converted to Islam and sought refuge in Medina, they were to be repatriated to Mecca.
However, this provision did not apply to women.
The divine revelation reiterates that if these women genuinely embrace the true faith, they must not be sent back to the polytheistic society, and they are not permissible as spouses for disbelieving men.
The previous explanation emphasizes the exceptional category that allows Muslim men to marry women who belong to the People of the Book (Ahli Kita.
while categorically prohibiting all other forms of interfaith marriages.
It is important to note that there is a widespread consensus among Indonesian scholars, representing influential organizations such as the Indonesian Ulema Council (MUI).
Muhammadiyah, and Nahdlatul Ulama (NU), which firmly prohibits all types of marriages with non-Muslims, including unions with women from the People of the Book.
However, it should be mentioned that NU holds a distinct view within these organizations, considering marriages with women from the People of the Book as makruh .
under certain conditions, such as if the womanAos parents had embraced their religious beliefs before the advent of Islam or prior to the prophethood of Muhammad.
Muhammad AoAli al-Sabuni.
RawaiAo al-Bayan Tafsir Ayat al-Ahkam min al-Quran.
Vol.
(Damsyik: Maktabat al-Ghazali, 1.
, 289.
Ibnu Jarir.
Tafsir Al-Tabari.
Vol.
22, 578.
Ali Muttaqin.
Fiqh Perkawinan Beda Agama di Indonesia: Kajian Atas Fatwa-Fatwa NU.
MUI dan Muhammadiyah.
Al-Ahwal 14, no.
, 15.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi According to Nahdlatul Ulama (NU) scholars, the fundamental basis of marriage in Islam centers around the compatibility of religious beliefs between potential partners.
This fundamental principle underscores that the goal of marriage is to seek emotional harmony and spiritual fulfillment while also aiming for AllahAos pleasure, both in this life and the Hereafter.
As a result, the permission for such marriages is restricted to women who belong to the People of the Book (Ahli Kita.
and maintain a steadfast commitment to their faith.
ItAos crucial to emphasize that these marriages are considered permissible but not entirely pure .
they are categorized as makruh .
Conversely, women from the People of the Book (Nasran.
who adhere to the concept of the Trinity are unequivocally regarded as impermissible as spouses for Muslim men.
The Muhammadiyah organization, through resolutions reached during the 22nd Tarjih Congress in 1989 and discussions within the Tarjih Team on July 22, 2011, now holds the view that all types of interfaith marriages are not permissible.
Initially.
Muhammadiyah, like most Islamic scholars, considered marriages with women from the People of the Book as acceptable.
However, upon further reflection, the organization identified specific reasons supporting the permissibility of such unions.
The concept of AumubahAy .
must be rooted in its underlying The primary justification for allowing marriages with women from the People of the Book lies in the potential for Islamic daAowah .
nviting others to Isla.
and encouraging them to embrace Islam.
Nonetheless.
Muhammadiyah recognized that certain circumstances, such as the risk of apostasy due to the religious beliefs of the spouse, could shift the ruling from AumubahAy to AuharamAy .
Concerns also arose about the likelihood of children adopting their motherAos religious beliefs, which was a significant concern.
Therefore, adopting the principle of Ausaddu zariAoahAy .
reventing har.
to avoid the risk of apostasy for either the husband or the children.
Muhammadiyah conclusively determined that marriages between Muslim men and women from the People of the Book should be prohibited.
The scholars affiliated with the Indonesian Ulema Council (MUI), as established during the 2nd National Congress in 1980 and the 6th National Congress in 2005, have firmly declared interfaith marriages, including those between Muslim men and women from the People of the Book (Ahli Kita.
, as null and strictly prohibited.
This stance is based on the principle that the potential harms .
resulting from such marriages far outweigh any perceived benefits .
In general, the fatwa issued by the MUI argues that marriages involving individuals of different faiths carry significantly higher risks, particularly the likelihood of religious deviation.
Furthermore, this fatwa is grounded in the Quranic verse found in Surah Ar-Rum .
, emphasizing that the primary aim of marriage is to establish a harmonious, affectionate, and compassionate family environment .
akinah, mawaddah, and rahma.
Achieving such objectives becomes challenging when the spouses hail from diverse religious backgrounds.
Consequently, it is not uncommon for marriages of this nature to end in divorce.
Ibid, 16.
Ibid, 20.
MIQOT Vol.
47 No.
1 January - June 2023 While the majority of Indonesian scholars maintain a cautious approach to marrying women from the People of the Book.
Hasbi presents a contrasting viewpoint.
He aligns himself with the prevailing perspective among exegetical scholars, advocating for the permissibility of Muslim men marrying women from the People of the Book.
However, he diverges from the predominant scholarly interpretation regarding the criterion of AuihshanAy .
mentioned in the verse.
AuLawful to you are chaste women from among the believers and chaste women from among those who were given the Scripture before youAy (Surah Al-Maidah: .
The majority of scholars argue that AumuhsanatAy in this context applies exclusively to free women, thereby excluding the possibility of marrying slave 72 In contrast.
Hasbi posits that AumuhsanatAy in the aforementioned verse encompasses both free and slave women.
According to HasbiAos exegetical interpretation, it is permissible to marry all believing, free, and virtuous women.
Additionally, marrying free women from the People of the Book is also allowed, provided that a suitable dowry is provided, with the primary aim being to prevent immoral behavior.
Hasbi clarifies that the mention of free women is given priority to discourage men from pursuing and marrying female slaves, but this does not imply that such women are not allowed as spouses.
He further argues that scholars unanimously agree on the permissibility of marrying female slaves, including those from the People of the Book, in line with Abu HanifahAos viewpoint.
In his concluding remarks.
Hasbi underscores the importance of marrying with the intention of kindness and benevolence .
HasbiAos interpretation of marriages with women from the People of the Book is relatively concise and lacks an in-depth explanation of the underlying reasons or advantages of such unions.
The brevity of his interpretation might suggest a strong conviction in his stance, implying that the permissibility of marrying women from the People of the Book is self-evident and doesnAot require extensive elaboration.
In fact, in his commentary.
Hasbi refers to a narration .
attributed to Ibn Jarir and transmitted by Qatadah.
This narration addresses historical inquiries regarding whether itAos permissible for a Muslim to marry a woman from the People of the Book, especially given their different religious This inquiry is related to the Quranic verse he cited (Surah Al-Maidah: .
The verse AuWhoever disbelieves after having believed, except for one who is forced while his heart is secure in faith.
Ay is mentioned in response to provide context.
This narration appears to reinforce HasbiAos unwavering stance on the clear permissibility of such marriages, without going into detail about the potential advantages or disadvantages associated with them.
However, itAos important to note that other scholars who permit such marriages often include certain considerations or conditions.
For example, after endorsing marriages Ibid, 18 Ae 19.
Al-Qurtubi.
Al-JamiAo li al-Ahkam al-Quran.
Vol.
3, 452.
Teungku Muhammad Hasbi Ash-Shiddieqy.
Tafsir An-Nuur.
Vol.
2, 1039.
Ibid, 1039.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi with women from the People of the Book.
Ibn Jarir introduces a caveat, stating that such unions are allowed only if there is a strong belief that the children born from these marriages will not be influenced toward their motherAos faith.
75 Likewise.
Tafsir Al-Manar, which is referred to in Tafsir An-Nuur, places limitations on such marriages.
It argues that if there are worries about the husband being influenced to adopt his wifeAos religion, then the marriage could be forbidden based on the principle of Ausaddu zariAoah,Ay with the implementation of Ausaddu zariAoahAy deemed as obligatory.
Likewise.
Tafsir Al-Manar, which is referred to in Tafsir An-Nuur, places limitations on such marriages.
It argues that if there are worries about the husband being influenced to adopt his wifeAos religion, then the marriage could be forbidden based on the principle of Ausaddu zariAoah,Ay with the implementation of Ausaddu zariAoahAy deemed as obligatory.
77 He prohibits marriages between Muslim men and Arab polytheistic women because, at that particular point in history, there was no divine scripture or prophetic guidance accessible to them.
On the contrary, he views Hindu.
Buddhist, and similar religions as being on par with Jews and Christians, considering them as People of the Book, despite potential changes in their scriptures.
Hasbi strongly emphasizes the importance for Muslims to avoid entering into marriages with individuals who follow polytheistic faiths, including refraining from Muslim men marrying polytheistic women and Muslim women marrying polytheistic men.
argues that such interfaith unions may lead to one partner converting to the otherAos beliefs, and therefore, caution should be exercised when forming such unions.
Additionally, he underscores the significant influence that marital relationships can have on the spiritual well-being of both spouses.
Remarkably.
Hasbi even suggests that merely living together with polytheists in the same community could negatively affect an individualAos faith, not to mention the consequences of marrying them.
In HasbiAos view, the perfect marriage is defined by the familyAos leader, especially the father, having the ability to protect his household from spiritual dangers, as outlined in Surah At-Tahrim 66:6.
80 Regarding marriages involving individuals from polytheistic backgrounds.
Hasbi stresses that factors such as social status or material wealth should not take precedence.
Instead, the primary focus should be on the individualAos faith.
contends that faith plays a vital role in refining oneAos religious commitment, whereas worldly possessions and physical attractiveness are transient in nature.
As a result, if it becomes difficult to strike a balance, the preservation and prioritization of oneAos faith Ibnu Jarir.
Tafsir Al-Tabari.
Vol.
8, 146 Ae 147.
Sayyid Muhammad Rasyid Ridha.
Tafsir al-Manar.
Vol.
6, 193.
Teungku Muhammad Hasbi Ash-Shiddieqy.
Tafsir An-Nuur.
Vol.
1, 373.
Sayyid Muhammad Rasyid Ridha.
Tafsir al-Manar.
Vol.
6, 193.
Teungku Muhammad Hasbi Ash-Shiddieqy.
Tafsir An-Nuur.
Vol.
1, 373.
Teugku Muhammad Hasbi Ash-Shiddieqy.
Tafsir An-Nuur.
Vol.
Vol.
5, 4279.
MIQOT Vol.
47 No.
1 January - June 2023 should come first over worldly matters.
Furthermore.
Hasbi underscores the numerous worldly advantages that come with partners who share similar beliefs.
HasbiAos cautious approach to the permissibility of marrying women from the People of the Book, without explicitly considering maslahah .
ublic interes.
and mafsadah .
, does not imply a lack of regard for the contextual or purposeful aspects of marriage.
Instead, the author argues that the prevailing situation in Indonesia during that time supported HasbiAos position in favor of allowing marriages with women from the People of the Book.
It is plausible that interfaith marriages were rare and not seen as significant threats to the religious and familial integrity of Muslim individuals, hence necessitating certain restrictions .
addu al-zariAoa.
This assertion finds support in MuhammadiyahAos fatwa issued in 1989, which prohibited interfaith marriages despite having previously permitted them.
MuhammadiyahAos fatwa was issued several years after the completion of Tafsir An-Nuur, a project that spanned from 1952 to 1961.
Considering this timeline, it is suggested that had Tafsir An-Nuur been written today or in parallel with the emergence of MuhammadiyahAos fatwa.
Hasbi might have reached a different conclusion.
He would probably have argued against the prohibition and impermissibility of marrying women from the People of the Book, including those of Jewish.
Christian.
Hindu, and Buddhist backgrounds.
This viewpoint aligns with the principle that legal judgments should not rigidly adhere to tradition and prevailing circumstances.
instead, they should remain adaptable and open to revision in response to evolving times and contexts.
MuhammadiyahAos fatwa was established several years after Tafsir An-Nuur was completed, a project that took place from 1952 to 1961.
Given this timing, it is suggested that had Tafsir An-Nuur been written today or concurrently with the emergence of MuhammadiyahAos fatwa.
Hasbi might have reached a different standpoint.
It is probable that he would have argued against the prohibition and the view that itAos impermissible to marry women from the People of the Book, which includes those from Jewish.
Christian.
Hindu, and Buddhist backgrounds.
As per a fundamental principle.
Authe consideration of legal modifications grounded in Aouruf .
ustomary practice.
and maslahah .
ublic interes.
should not be dismissed due to the passage of timeAy ( This principle pertains to the categories of mutaghayyirat .
and thawabit .
Ibid.
Vol.
1, 374.
Islamiyati.
Analisis Yuridis Nikah Beda Agama Menurut Hukum Islam Di Indonesia.
MasalahMasalah Hukum 45, no.
3, .
, 247.
Fauzi.
The Principles For Ijtihad in Response To The Contemporary Problems.
Miqot 42, no.
, 294 Ae 296.
Muhammad Syahrial Razali Ibrahim : The Concept of Marriage from the Hasbi Conclusion The interpretation of polygamy and interfaith marriages through the lens of maqasid .
aslahah and mafsada.
principles reinforces the sacred and honorable essence of It underscores its core purpose, which includes the pursuit of peace, happiness, and the continuation of the family, all in alignment with the central objectives of the faith .
aqasid dharuriya.
Within this framework.
Hasbi argues that the practice of polygamy is generally considered impermissible .
, except in cases of necessity or compelling need.
He asserts that the potential drawbacks and adverse consequences associated with polygamous relationships far outweigh any potential benefits.
This perspective on polygamy is further supported by HasbiAos nuanced interpretation of AuadilAy .
, which encompasses both the spiritual and material aspects of fairness.
Furthermore, his prohibition against marrying polytheistic women is based on concerns about the potential weakening of religious beliefs among the wife, husband, or their He reinforces this prohibition by referring to Surah At-Tahrim 66:6, which emphasizes the ideal of a family where the husband is capable of protecting both himself and his family from spiritual harm.
On the other hand, the permissibility of marrying women from the People of the Book is contextualized within historical circumstances.
This perspective emerged during times when interfaith marriages were not a prevalent societal trend and did not pose significant threats to the religious integrity of Muslim households.
As a result, stringent restrictions or prohibitions on such marriages were considered unnecessary during that period.
References