Marriage Problems because of Disgrace (Study of Book Fiqh Islam wa Adillatuh and Kitab al-Nikah)

Abstract

This study discusses the problems of marriage due to the disgrace suffered by one married couple. The purpose of this study was to find out the basis of jurisprudence for those who married because of disgrace, because they had sexually transmitted diseases. The method for this research is library research with descriptive analytic comparative approach, the book of Fiqh al-Islam wa Adillatuh by Wahbah al-Zuhayl and the book of Banjar locality, South Kalimantan Kitab al-Nikah by Sheikh Muhammad Arsyad al-Banjari. The findings of this study indicate that according to Wahbah al-Zuhayl , the marriage of a person who has a sexual disease is unlawful even though the desire has required marriage. Meanwhile, according to Muhammad Arsyad al-Banjari only affirmed it, because according to him there is still a gap in maslahah in marriage and family. The academic position of the researcher is more in agreement with al-Banjari's opinion in formulating marriage rules. Comparison of this meeting gives the assumption that policy makers require each bride to check her health to a psychologically and health related hospital to achieve the purpose of marriage.