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All Journal Media Hukum Indonesia (MHI)
Farida Ulvi Na’imah
Program Magister Hukum Keluarga Islam, Pascasarjana, Universitas KH. Abdul Chalim Mojokerto
Law, Crime, Criminology & Criminal Justice

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Fatwa Muhammad Yusuf Al-Qardhawi tentang Nikah Misyar dalam Perspektif Maqashid Asy-Syari'ah Muhamad Zulfikar; Farida Ulvi Na’imah
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23637272

Abstract

Misyar marriage is a contract whose pillars and conditions are fulfilled, yet in which the wife waives part of her rights, such as financial maintenance, a shared residence, and her night share. The practice stirs debate among Muslim jurists because it shifts the usual balance of spousal rights and duties. This study examines the fatwa of Muhammad Yusuf Al-Qardhawi on misyar marriage and evaluates it through maqashid al-shariah. It asks two questions: what Al-Qardhawi's fatwa on misyar marriage says, and how that fatwa fares when read through the objectives of Islamic law. The study is qualitative library research that applies content analysis to Zawaj al-Misyar: Haqiqatuhu wa Hukmuhu, Al-Halal wa al-Haram fi al-Islam, and Fiqh al-Zakah, using Al-Shatibi's Al-Muwafaqat and Jasser Auda's systems approach as analytical lenses. The findings show that Al-Qardhawi holds misyar marriage to be valid so long as its pillars and conditions are met, but treats it as a limited concession that is far from ideal and should not become common custom. From the maqashid perspective, the practice can support the protection of religion and lineage by closing the door to unlawful relations and preserving descent, yet it risks weakening the protection of life, dignity, property, and gender justice when carried out without responsibility. The fatwa remains defensible as a case-by-case solution under strict moral and social supervision.
Co-Authors Muhamad Zulfikar