Adakah Pengharaman Mut’ah dalam Riwayat Syiah?

syiah mut'ah

MUSLIMMENJAWAB.COM – Syiah merupakan madzhab yang banyak dikenal sebagai pihak yang menyakini bahwa hukum mut’ah -khususnya dalam pernikahan- masih berlaku hingga detik ini. Mereka meyakini bahwa tidak ada dalil kuat yang membatalkan kebolehan hukum tersebut, sebagaimana aturan kebolehannya tercantum secara jelas dalam Al-Qur’an (An-Nisa: 24).

Berbeda dengan Ahlu Sunnah wal Jama’ah yang meyakini bahwa hukum tersebut telah dilarang oleh Khalifah kedua bersamaan dengan hukum mut’ah dalam praktik ibadah haji.

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Dapat ditemukan dalam kitab-kitab hadis Syiah, riwayat-riwayat yang beragam mengenai mut’ah. Salah satunya Tahrir Al-Wasilah yang ditulis oleh seorang alim bernama Syekh Al-Hurr Al-Amili (1033 – 1104 H) yang merupakan salah satu kitab yang menjadi sumber rujukan madzhab syiah terlebih dalam urusan hukum fikih. Dalam kitab tersebut saja terdapat 45 bab dan 224 riwayat yang bercerita tentang masalah mut’ah.

Dari sekian banyaknya riwayat-riwayat yang ada, terkait permasalahan tersebut, satu diantaranya ada yang menjelaskan bahwa nikah mut’ah telah diharamkan oleh Nabi Muhammad SAW. Riwayat inilah yang sering kali digunakan oleh mereka yang menentang pandangan Syiah terhadap kebolehan nikah mut’ah.

Syekh Thusi (385 – 460 H) menulis dalam kitabnya Tahdzib Al-Ahkam:

وَ أَمَّا مَا رَوَاهُ- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَبِي جَعْفَرٍ عَنْ أَبِي الْجَوْزَاءِ عَنِ الْحُسَيْنِ بْنِ عُلْوَانَ عَنْ عَمْرِو بْنِ خَالِدٍ عَنْ زَيْدِ بْنِ عَلِيٍّ عَنْ آبَائِهِ عَنْ عَلِيٍّ ع قَالَ: حَرَّمَ رَسُولُ اللَّهِ ص يَوْمَ خَيْبَرَ لُحُومَ الْحُمُرِ الْأَهْلِيَّةِ وَ نِكَاحَ الْمُتْعَةِ

Adapun yang diriwayatkan oleh Muhammad bin Yahya dari Abu Jafar dari Abu Al-Jauza dari Husein bin Ulwan dari Amr bin Khalid dari Zaib bin Ali dari ayah-ayahnya dari Ali AS berkata: “Rasulullah SAW telah mengharamkan pada (perang) Khaibar, daging keledai penduduk (Khaibar) dan nikah mut’ah.” (Tahdzib Al-Ahkam, jil: 7, hal: 251)

Riwayat ini juga ditulis oleh Syekh Thusi dalam kitabnya yang lain Al-Istibshar:

فَأَمَّا مَا رَوَاهُ مُحَمَّدُ بْنُ أَحْمَدَ بْنِ يَحْيَى عَنْ أَبِي الْجَوْزَاءِ عَنِ الْحُسَيْنِ بْنِ عُلْوَانَ عَنْ عَمْرِو بْنِ خَالِدٍ عَنْ زَيْدِ بْنِ عَلِيٍّ عَنْ آبَائِهِ عَنْ عَلِيٍّ ع قَالَ: حَرَّمَ رَسُولُ اللَّهِ ص لُحُومَ الْحُمُرِ الْأَهْلِيَّةِ وَ نِكَاحَ الْمُتْعَةِ

Adapun yang diriwayatkan oleh Muhammad bin Yahya dari Abu Jafar dari Abu Al-Jauza dari Husein bin Ulwan dari Amr bin Khalid dari Zaib bin Ali dari ayah-ayahnya dari Ali AS berkata: “Rasulullah SAW telah mengharamkan pada (perang) Khaibar, daging keledai penduduk (Khaibar) dan nikah mut’ah.” (Al-Istibshar, jil: 3, hal: 142)

Secara jelas kandungan dari hadis ini menjelaskan bahwa nikah mut’ah telah diharamkan oleh Nabi SAW pada peristiwa Khaibar. Namun hal ini tidak serta merta benar begitu saja diterima, sebab perlu kajian yang teliti terkait seperti apakah kualitas riwayat ini dari segi sanad, sehingga bisa dipertimbangkan kemu’tabarannya.

Hukum haruslah bersandar pada dalil yang kuat atau mu’tabar, jika tidak demikian maka hukum tersebut tidak memiliki nilai dan tidak dapat dijalankan. Apalagi kaitannya dengan hukum Islam yang berarti ketentuan Allah SWT.

Alhasil, dari para perawi yang tadi telah disebutkan, setelah dikaji dan ditimbang dalam kitab Rijal atau Jarh wa Ta’dil ternyata dalam silsilah riwayat tersebut ada diantaranya perawi yang bermadzhab Ahlu Sunnah bahkan ada juga yang (Syiah) Zaidiyah, dimana menurut kaidah Rijal hadis Syiah, hal ini mempengaruhi kualitas kemu’tabaran hadis tersebut, sehingga tidak dapat dikategorikan sahih.

  1. Husein bin Ulwan Al-Kalbi

Najasyi dalam kitab rijalnya, Ibnu Thawus dalam Tahrir dan Allamah Al-Hilli dalam Khulashatul Aqwal dan kitab rijal menjelaskan bahwa Husein bin Ulwan al-Kalbi adalah seorang Sunni.

2. Amr bin Khalid Al-Washiti

Selain Husein bin Ulwan, periwayat hadis ini terdapat Amr bin Khalid Al-Washiti yang teridentifikasi seorang Sunni dan Zaidi. (Mazhab Zaidiyah) Sebagaimana yang dilaporkan Ibnu Thawus dan Allamah Al-Hilli.

Batri adalah sebutan terhadap salah satu kelompok pengikut Zaid bin Ali

Di saat banyak dan beragam hadis sahih lain yang menunjukkan kebolehan mut’ah, maka bagaimana bisa kita mengambil kesimpulan untuk sebuah hukum hanya bersandar pada hadis ini yang mana dari periwayatannya terdapat kelemahan. Di sisi lain yang perlu menjadi bahan renungan adalah apakah hukum yang telah ditetapkan oleh Al-Qur’an itu dapat dihapus atau diubah oleh sunnah Nabi SAW? Atau bahkan oleh ijtihad salah satu sahabat RA? Ini layak menjadi perhatian dan perlu pembahasan lebih lanjut.

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