Nikah Mut'ah dalam Perspektif Hukum Islam

Abstract

It has become the agreement of all Muslims that mut'ah marriage existed at the time of the Prophet as stated in the standard Sunni and Shiite books. It is known that the Shia school of thought is the only school that is consistent with the argument that mut'ah marriage is valid until the end of time. Meanwhile, since the Caliphate, both mut'ah marriages have been forbidden. This paper is in the context of seeking clarity on the concept of mut’ah law based on arguments from religious texts or reason and not relying on emotional or group fanaticism. This study was examined qualitatively with a library research design, namely exploring in depth the literature and opinions of the ulama/tabiin regarding their views regarding the halal and illegal mut'ah marriages. The results of the study show that the Shia school of thought is the only school that is consistent with the argument that mut'ah marriage will remain valid until the end of time, because there is no history or verse that abolishes the law of mut'ah. As for those who forbid it, apart from the evidence, as-sunah, and ijma', there are social impacts that arise and tend to harm women, even children born because of mut'ah marriages are also harmed.