As for the facts first, that marriage without a guardian, in fact Islam has prohibited a married woman without a guardian. Such provisions are based on a hadith narrated from the companions of Abu Musa ra; that the Messenger of Allah said;
لا نكاح إلا بولي
"No legitimate a marriage without a wali." [HR a five except Imam An Nasaaiy, see, Imam Ash Syaukani, Nailul Authar VI: 230 hadith to 2648].
Based dalalah al-iqtidla ', the word "laa" in the hadith indicates the sense' illegitimate ', not just' not perfect 'as the opinion of some of Jurists. Such meaning was reaffirmed and strengthened by the hadith narrated by Aisha ra, that the Prophet once said:
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل, فنكاحها باطل, فنكاحها باطل
"Any woman who marries without the permission of her guardian, then her marriage vanity; marriage vanity, vanity marriage." [HR a five except Imam An Nasaaiy. See, Imam Asy Syaukaniy, Nailul Authar VI: 230 hadith to 2649].
Abu Huraira ra also narrated a hadith, that the Messenger of Allah said:
لا تزوج المرأة المرأة لا تزوج نفسها فإن الزانية هي التي تزوج نفسها
"A woman should not marry another woman. A woman is not entitled to marry herself. Because, in fact it is the adulteress woman (a woman) who married himself. " (Reported by Ibn Majah and Ad Daruquthniy. See, Imam Asy Syaukaniy, Nailul Authar VI: 231 hadith to 2649)
Based on the above hadiths show that a marriage without a wali is vanity marriage. Perpetrators have made maksiyat to Allah, and are entitled to sanctions in the world. Only, the Shari'a has not set forms and levels of sanctions for those involved in marriage without a guardian. Therefore, the case of marriage without a guardian ta'zir incorporated into the chapter, and decisions about the form and content of sanctions handed over entirely to a qadliy (judge). A judge may assign sanctions imprisonment, exile, and so forth to the perpetrators of marriage without a guardian.
لا نكاح إلا بولي
"No legitimate a marriage without a wali." [HR a five except Imam An Nasaaiy, see, Imam Ash Syaukani, Nailul Authar VI: 230 hadith to 2648].
Based dalalah al-iqtidla ', the word "laa" in the hadith indicates the sense' illegitimate ', not just' not perfect 'as the opinion of some of Jurists. Such meaning was reaffirmed and strengthened by the hadith narrated by Aisha ra, that the Prophet once said:
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل, فنكاحها باطل, فنكاحها باطل
"Any woman who marries without the permission of her guardian, then her marriage vanity; marriage vanity, vanity marriage." [HR a five except Imam An Nasaaiy. See, Imam Asy Syaukaniy, Nailul Authar VI: 230 hadith to 2649].
Abu Huraira ra also narrated a hadith, that the Messenger of Allah said:
لا تزوج المرأة المرأة لا تزوج نفسها فإن الزانية هي التي تزوج نفسها
"A woman should not marry another woman. A woman is not entitled to marry herself. Because, in fact it is the adulteress woman (a woman) who married himself. " (Reported by Ibn Majah and Ad Daruquthniy. See, Imam Asy Syaukaniy, Nailul Authar VI: 231 hadith to 2649)
Based on the above hadiths show that a marriage without a wali is vanity marriage. Perpetrators have made maksiyat to Allah, and are entitled to sanctions in the world. Only, the Shari'a has not set forms and levels of sanctions for those involved in marriage without a guardian. Therefore, the case of marriage without a guardian ta'zir incorporated into the chapter, and decisions about the form and content of sanctions handed over entirely to a qadliy (judge). A judge may assign sanctions imprisonment, exile, and so forth to the perpetrators of marriage without a guardian.
No comments:
Post a Comment