Paper Submission: The Subjectivity Indication of School of Fiqh in the Interpretation of Marriage Verses

Nasaiy Aziz, 2031125812 (2020) Paper Submission: The Subjectivity Indication of School of Fiqh in the Interpretation of Marriage Verses. International Journal of Innovation, Creativity and Change.

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Abstract

This paper has original contribution of knowledge as not issued earlier. The topic
is on injustice interpretation of marriage verses stated by Islamic clerics. A
number of the Quran verses and the hadith of the Prophet PBUH related to
marriage has a general meaning and apply to all parties. The Fuqaha’ (Islamic law
scholars/Jurist) of four schools and mufassir (Quran interpreter) of the same
school (mazhab), agree to determine the generality of the meaning of several
marriage verses to be applied for all without limiting the certain parties. The
difference in their opinions is related to the meaning of the word nikah, which is
the main subject to understand and interpret the verses. The jumhur (majority) of
fuqaha’ and mufassir of the same school always associate the word marriage to
the wali (Guardian) so that he must handle the matter concerning the marriage. On
the other hand, mufassir from Hanafi school argue that the word nikah applies to a
broader meaning and is not exclusively addressed to wali, so the marriage
guardianship can be handed to any parties, including women. The different
opinions among mufassir in determining the general and specific meaning of the
content of the verse are influenced by the background of the school they followed.
This article aims to further investigate the subjectivity forms of mufassir to their
fiqh school in interpreting the marriage verses. The forms of subjectivity might
occur because; the difference views of mufassir in interpreting the Asbab al-Nuzul
(the occasion of revelation), the difference in mufassir’s comprehension towards
the interpretation of the word nikah which is considered as the key concept in the
interpretation of marriage verses. The subjectivity might also be caused by
difference views in positioning the hadith as specialization tool to the marriage
verses that are still general, and also because their dissent in evaluating the
importance of the munasabah (correlation) between the verses and hadith about
marriage in helping them interpret.

Item Type: Other
Subjects: 300 Sociology and Anthropology (Sosiologi dan Antropologi) > 340 Law/Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > S1 Hukum Keluarga
Depositing User: Nasaiy Aziz
Date Deposited: 03 Nov 2020 11:33
Last Modified: 03 Nov 2020 11:33
URI: https://repository.ar-raniry.ac.id/id/eprint/14707

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