Impotensi Sebagai Alasan Fasakh Menurut Ibnu Hazm dan Al-Syiraziy

2020 Al-Fikra : jurnal ilmiah keislaman  
The majority of Islamic scholars argue that "Impotence" can give wife khiyar rights and can be an excuse to demand fasakh the judge. One of them is the Imam al-Syiraziy in the book al-Muhadzab. However, there are also some scholars who do not allow judges to impose fasakh on impotence sufferers and also do not allow them to give their wife the right, he is Ibn Hazm in the book of al-Muhalla. The aim of this research is to find out the perspectives of Ibn Hazm and al-Syiraziy in the issue of
more » ... tence as a reason for the marriage fasakh. The rationale used is whether this defect in the form of impotence can be a fasakh reason for the wife or not. Methodologically, this type of research is library research, by reviewing written sources, studying, reviewing and examining library materials that have relevance to discussion material. This research is comparative, which describes the opinion of Ibn Hazm and al-Syiraziy about impotence as the reason for the fasakh obtained from primary data sources, the book al-Muhalla by Ibn Hazm and al- Muhadzab by al-Syiraziy. Then, they are supported by secondary data relevant to research. Then do the analysis by comparing the opinions of both figures. The results of this study show that the differences of opinion between Ibn Hazm and al-Syiraziy lie in the viewpoints of the status of the arguments that are used as the basis for the legal istinbath, which in turn produces different conclusions.
doi:10.24014/af.v18i2.7077 fatcat:lztcoriprzdnlbkgxrwr4klw34