THE CONCEPT OF IKHTILĀF IN THE BOOK TAWḌĪḤ AL-AḤKĀM AND ITS RELEVANCE TO MARRIAGE LAW IN INDONESIA

Abstract

The difference of scholar’s opinions in establishing laws in furu'iyah will always occur in every circumstance. The differences in the methods they use in establishing the laws of the Qur'an and hadith. Sometimes these differences lead to division and debate among the public. In avoiding disputes in society, an appropriate approach is needed to compromise (al-jam’u) these differences. Among the contemporary scholars that discuss this issue is 'Abdullah bin 'Abdurrammān al-Bassmm in the book of Tawḥ al-al-Aḥkām. It is one of the verses of Ibn Hajar al-Asqalani's book of Bulūgh al-Marām. Among the main points of his discussion is explaining ikhtilaf ulama related to various issues. The problem in this study is how the concept of ikhtilaf in Tawdīḥ al al-Ahkām and its relevance to marriage law in Indonesia? This research is aimed to examine the ikhtilaf issues in the Kitab al-Nikah in the book of Tawdih al-Ahkam and how al-Bassam's method resolving them and its relevance to the law of marriage in Indonesia. This study is a qualitative descriptive study involving documentation methods. The data in this study were analyzed by using the content analysis method. The results of this study show that there are six marriage-related ikhtilaf issues in the book Tawdih al-Ahkam. Al-Bassam solved the problem using three methods, namely 'Ard al-Aqwal, Munaqasyah al-Adillah and al-Tarjih. The Tarjih performed by al-Bassam is in accordance with the marriage law in Indonesia as stipulated in the Compilation of Islamic Law.