Analisis Pemikiran Abdul Wahab Khallaf tentang Akibat Perkawinan Sedarah

Abstract

This study analyzes Abdul Wahab Khallaf's opinion on the consequences of incestuous marriage. He expressed the opinion that Islam interprets marriage as a contract of handover between men and women with the aim of mutual satisfaction and complementing each other. In addition, Islam also regulates who is permitted to marry and who is forbidden to marry forever, such as marrying a woman who has blood ties either from lineage, breastfeeding, or because of a marriage bond (mushaharah). All scholars have agreed on the prohibition of incestuous marriage, because the text of the Qur'an prohibits it, but there are differences in Ijtihad regarding the legal consequences of incestuous marriage, such as the opinion of Abdul Wahab Khallaf who detailed the legal consequences of incestuous marriage using the Istinbath method in the study of Usul fiqh, so that special requirements are needed if it is true that the marriage was carried out without any element of intent, the legal consequences obtained will be different from marriages carried out due to an element of intent. The discussion in this research focuses more on marriages that are carried out with blood ties but without any element of intent.