Nikah Cina Buta dalam Masyarakat Aceh menurut Perspektif Fikih Syafi’iyah: Analisis Usul Fikih Berdasarkan Nilai Maslahah

Abstract

The practice of "cinabuta" marriage carried out by some Acehnese people to justify the return of their ex-wife who had been divorced three times, has caused controversy among some Acehnese people. The contradiction is, a handful of people think that marriage is mut'ah (contract marriage) and the majority of Acehnese people consider it legal and tolerated by the Islamic law they follow. Therefore, the writer is interested in examining this problem based on classical books of the Shafi'i school (Shafi'iyah jurisprudence). The aim is to reveal how the actual legal position of Syafi'iyah fiqh regarding the practice of some Acehnese people, is it in accordance with the Syafi'iyah fiqh that they follow or not? The study results show that the practice of blind Chinese marriage is justified according to the Shari'a. This practice is explained by the existence of 5 (five) conditions, namely the expiration of the 'iddah period with the first husband, marriage with the second husband (cinabuta), having intercourse in that marriage, being divorced after having intercourse with the second husband (cinabuta) and ending the 'iddah period from that divorce. After that, it was lawful for her ex-husband to re-marry his ex-wife who had been divorced three times. The value of the benefits contained in it is so that every husband is careful when emotions and feelings of anger arise, and does not easily say the word divorce.