Apakah Hukum Nikah Mutah yang Tercantum Dalam Al-Quran Telah Dinaskh?

Nikah mutah selalu menjadi topik hangat dan pembahasan kontroversial diantara mazhab-mazhab Islam; terutama mazhab Syiah dan Sunni. Pun demikian  ada satu hal yang menjadi kesepakatan dan merupakan titik temu antara kedua mazhab ini, yaitu pahaman bahwa nikah ini pernah dihalalkan.

Hal ini mengingat bahwa Al-Quran sebagai sumber dasar dan utama hukum islam memuat tentang kebolehan nikah mutah: Maka istri-istri yang telah kamu nikahi secara mut’ah di antara mereka, berikanlah kepada mereka maharnya (Annisa/ 24). Fakta ini tentu saja telah dijadikan sebagai dalil dan legitimasi bagi kebolehan nikah mutah.  

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Para ahli tafsir dan komentator Al-Quran  juga mengakui bahwa ayat di atas berkaitan dengan nikah mutah. Qurthubi di dalam kitab nya al-Jami’ Li Ahkam al-Quran mengatakan bahwa kebanyakan ulama meyakini ayat ini berkaitan dengan nikah mutah. (Qurtubi, Muhammad bin Ahmad bin Abu Bakr, al-Jami’ Li Ahkam al-Quran, jil: 6, hal:215, cet: al-Risalah)

Hanya saja kemudian para ahli tafsir dari kalangan Sunni menganggap bahwa ayat dan hukum tersebut telah dianulir dan dinaskh. Ibn Katsir di dalam kitabnya Tafsir al-Quran al-Adzim berkomentar:

Ayat ini telah dijadikan dalil nikah mutah. Tidak dapat diragukan bahwa nikah mutah sesuatu yang mendapat legitimasi di awal Islam, akan tetapi kemudian dinaskh (dianulir). Syafii dan sebagian kalangan dari ulama berpendapat bahwa nikah mutah dibolehkan kemudian dihapus kebolehannya, kemudian dibolehkan lagi dan seterusnya dianulir, sebanyak dua kali. Ulama lainnya berpendapat lebih banyak dari dua kali dan golongan lain hanya satu kali saja. Sungguh telah diriwayatkan kebolehannya dari Ibn Abbas dan sekelompok dari sahabat karena adanya dharurat, iaitu riwayat dari Imam Ahmad Bin Hanbal (semoga Allah merahmati mereka). Adalah Ibn Abbas, Ubai Bin Ka’b, Saiid Bin Jubair dan Suddi membaca ayat ini sebagai berikut: (فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ إِلَى أَجَلٍ مُسَمَّى فَآتَوْهُنَّ أُجُورَهُنَّ فَرِيضَةً) dan Mujahid berkata: ayat ini turun berkaitan dengan nikah mutah. (Ibn Katsir, Imaduddin Abi al-Fida Ismail bin Umar, Tafsir al-Quran al-Adzim, jil: 2, hal: 226, cet: Dar al-Qutub al-Ilmiah, Beirut)

Namun yang menjadi pertanyaan kemudian adalah apakah benar ayat dan hukum tersebut telah dianulir dan dinaskh? Di sini kami akan paparkan beberapa riwayat yang menyanggah hal tersebut.

Ahmad bin Hanbal dalam musnadnya mengutip sebuah riwayat dari Jabir bin Abdullah yang menyatakan bahwa nikah mutah ada sampai akhir masa kekhalifahan Umar ibn Khattab: Ata berkata: ketika Jabir bin Abdullah kembali dari umrah, kami mendatanginya di rumahnya. Orang-orang bertanya berbagai hal padanya kemudian mereka menyebutkan mutah padanya lalu dia berkata: ya, kami melakukan mutah di zaman Rasulullah SAWW begitu juga pada zaman Abu Bakar dan Umar. Sampai pada Akhir masa ke-khalifahan umar (dia melarangnya) (Hanbali, Ahmad bin Hanbal, Musnad Imam Ahmad bin Hanbal, jil: 23, hal: 306, cet: Muassasah al-Risalah)

Lebih tegas lagi Bukhari menyebutkan sebuah hadits  dalam kitabnya yang menyatakan bahwa nikah mutah disebutkan dalam Al-Quran dan tidak pernah dianulir atau dinaskh setelah turunnya: Imran bin Hushain berkata: “ayat mutah telah diturunkan dalam Al-quran. Kemudian kami bersama Rasulullah SAWW melakukannya. Dan tidak ada ayat yang turun (setelahnya) untuk mengharamkannya. Sampai wafat Beliau juga tidak pernah melarangnya. Lalu seorang laki-laki mengatakan apa yang ia kehendaki berdasarkan pendapatnya sendiri.” (Bukhari, Abi Abdillah Muhammad bin Ismail, al-Jami’ al-Shahih, jil:3, hal: 200, cet: al-Maktabah al-Salafiah, Qairo.

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