Imam Syafi’i dan Nikah Mut’ah

Imam Syafi’i sebagai Imam mazhab Ahlu sunnah wal jamaah berpendapat bahwa nikah mutah halal dan kesaksian pelakunya bisa diterima. Beliau mengakui bahwa mut’ah terdapat perbedaan pendapat diantara sahabat dan tabi’in, namun kesimpulan ijtihadnya membawa kepada satu kesimpulan bahwa kesaksian pelaku mutah dapat diterima.

Imam Syafii didalam kitabnya, Al-Umm berkata,

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وَالْمُسْتَحِلُّ لِنِکَاحِ الْمُتْعَةِ وَالْمُفْتِی بِهَا وَالْعَامِلُ بِهَا مِمَّنْ لَا تُرَدُّ شَهَادَتُهُ،  لِأَنَّا نَجِدُ مِنْ مُفْتِی النَّاسِ وَأَعْلَامِهِمْ مَنْ یَسْتَحِلُّ هَذَا

” Seseorang yang berpendapat bahwa nikah mutah halal begitupula pelaku dan pemberi fatwa kehalalannya, kesaksiannya diterima. Karena kita mendapati mufti umat dan pemuka mereka menghalalkannya”

Imam Syafi’i berpendapat bahwa kesaksian pelaku nikah mutah atau yang memberikan fatwa kehalalannya bisa diterima. Ini membuktikan bahwa Imam Syafi’i melihat bahwa nikah mut’ah tidak di mansukh (hapus) dan hanya ijtihad khalifah kedua, namun tidak serta-merta bahwa ijtihadnya adalah hukum Tuhan yang mampu menghapus kitabullah.

Artinya siapapun tidak bisa mengecam Syiah karena menghalalkan nikah mutah, karena di dalam Ahlu sunnah terdapat kelompok ulama yang menghalalkannya juga sehingga ini menjadi masalah perbedaan didalam berijtihad, tidak lebih.

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