Wahbah Zuhaili’s and Sayyid Sabiq’s Perspective on The Recitation of Marriage Contract in Indonesia

Abstract

Wahbah Zuhaili’s and Sayyid Sabiq’s Perspective on the Recitation of Marriage Contract in Indonesia. This research discusses the utterance used in the marriage contract in Indonesia with various types of it. In practice, some scholars require the utterance in the marriage contract to use the word “nikah (marry)”, others require the word “kawin (mate)” and there are those who recommend both, “nikah dan kawin (marry and mate)”. This study attempts to analyze the use of these expressions from the views of Wahbah Zauhaili in his book Fiqh al-Islam wa Adillatuh and Sayyid Sabiq in his book Fiqh al-Sunnah. The goal is to gain a complete understanding of how Shara ‘actually governs the expression. The results showed that according to both Wahbah Zuhaili and Sayyid Sabiq the use of the phrase other than what has been mentioned in the Al-Qur’an is still valid. Sayyid Sabiq added that the utterance of the contract must be in words that can be understood by each party and must not use vague words. This study concludes that the validity of marriage expression is not determined from the utterance pronounced during the Ijab and Qabul (consent and approval) process, but on the meaning of the word, provided that the witnesses understand the condition and the intention or indication for marriage.