Hukum Memberikan Daging Kurban kepada Orang Kafir (Studi Perbandingan antara Mazhab Syāfi’iyyah dan Ḥanābilah)

Abstract

This study aims to find out and understand the law of giving sacrificial meat to  disbelievers (comparative study between the Shafi'iyyah and Ḥanābilah sect). This research is a qualitative descriptive type of research that focuses on the study of manuscripts and texts, and uses historical, juridical, normative, and philosophical approaches. The results of the study are as follows: the Syāfi’iyyah and Ḥanābilah sect have different opinions about the law of giving sacrificial meat to  disbelievers. Scholars from the Shafi'iyyah sect differ in this opinion. There are four opinions of them: the law is absolutely haram, haram if the sacrifice is an obligatory sacrifice, makrūh if the sacrifice is a voluntary sacrifice, and it is permissible to give sacrificial meat to non-Muslims as long as they are not muḥārib or infidels who are hostile to Islam. Meanwhile, the Ḥanābilah sect agrees that it is permissible to give sacrificial meat to a disbelievers, as long as the disbeliever is not a muḥārib, and the sacrifice is a voluntary sacrifice, not an obligatory sacrifice.