PANDANGAN MAZHAB FIQH DALAM KES BATAL WUDUK APABILA BERSENTUH ANTARA LELAKI DAN WANITA BUKAN MAHRAM SEMASA TAWAF: SATU ANALISIS
Keywords:
reforms, Islamic family law, patriarchy traditions, marriage, divorce.Abstract
The study discusses views of scholars of the four main Islamic
jurisprudence schools, their juristic reasoning and each school’s
preferred (rajih) view on the nullity of ablution as a result of skin-toskin
contact between ajnabi (lawfully eligible for marriage) male and
female. The study shows that the preferred view of Maliki and Hanbali
Schools and the minority view within Shafie School is the most juristically
sound. The view holds that skin-to-skin contact between ajnabi male and
female with no inducement of sexual passion (syahwat) does not result
in nullification of an ablution. In addition, the study suggests that this
juristic view should carry more practical relevancy for Shafie School
adherents in the context of pilgrimage (hajj), particularly in performing
tawaf.
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