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All Journal MASADIR: Jurnal Hukum Islam
Robiah Adawiyah
Institut Keislaman Abdullah Faqih (INKAFA) Manyar Gresik
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Pandangan Ulama' Tentang Pemaksaan Berhubungan Badan Terhadap Istri Dalam Keadaan Sakit Abdul Halim; Robiah Adawiyah
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.482

Abstract

This study aims to find out how the views of scholars regarding coercion relate to wives in a sick state and how the legal istinbat used by scholars regarding coercion relates to wives when they are sick. The research method used is a qualitative method with the type of library research. From the results of the study, it can be concluded that if there is coercion in a relationship, according to scholars, the four schools of law are forbidden to harm physically, psychologically and healthily because in the prohibition law, it is feared that there are sexually transmitted diseases (pubic diseases). allow sexual intercourse even if you are sick, namely minor illnesses such as flu, cough, fever and runny nose. Imam Shafi'i's legal stint is in Surah An-Nisa' verse 19, Imam Maliki is quoted with the hadith of the prophet, namely the prohibition of intercourse like animals, while Imam Hambali is quoted with the hadith of the prophet, namely the actions of a'zl, and Imam Hanafi in his book explains that it is permissible to do so. intercourse by force if there is no syar'i udzur.
Co-Authors Abdul Halim