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All Journal As-Sakinah : Jurnal Hukum Keluarga Islam
Okta Uswatun Patonah
Institut Agama Islam Darussalam
Religion

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Konsep Zihar Perspektif Ibnu Hajar Al-Haitami dalam Kitab Fikih Tuhfatul Muhtaj Muhammad Sauqi; Nur Inayatus Sa’diyah; Okta Uswatun Patonah
As-Sakinah : Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): As-Sakinah : Jurnal Hukum Keluarga Islam
Publisher : STAI Pelabuhan Ratu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51729/sakinah412067

Abstract

This research discusses the concept of zihar from the perspective of Ibn Hajar Al-Haitami, as explained in the fiqh book Tuhfatul Muhtaj. The aim of this research is to understand what is meant by zihar according to Ibnu Hajar Al-Haitami's view, how the law applies, and how this affects the relationship between husband and wife in Islamic family law. This research uses qualitative methods with a normative and doctrinal approach, through text analysis of primary sources and literature studies from various Shafi'i school of jurisprudence literature. Research shows that zihar is considered a statement that has serious legal consequences, even though it does not directly end a marriage. Ibnu Hajar Al-Haitami stated that kafarat is a necessity that must be carried out as a way to restore the relationship between husband and wife and as a means of protecting women's dignity. The results of this research show that the concept of zihar in the sense of Shafi'i jurisprudence is not only an established rule, but also reflects the principles of justice, politeness in speaking, and protection of family rights in the Islamic legal system.
Co-Authors Muhammad Sauqi Nur Inayatus Sa’diyah