Nikah Kontrak Modus Human Trafficking (Kritik Atas Fiqh Munakahah Mazhab Syi’ah)

Abstract

Abstract, contract marriage or in fiqh called nikah mutc
ah is a common thing for Shiah
followers in Iran. In Indonesia alone, contract marriages also occur in various
regions. The implementation of contract marriages always invited controversy, not
only from the legal side which according to Sunni clerics had been removed, but
contract marriages also invited problems and brought madlarat to the rights of women
and children born after the marriage. For example, in this modern era, the realization
of contract marriages has led to human trafficking. One of the most prominent is in the
village of Arab Puncak, Bogor, West Java, and the modus of sending female workers
abroad which is then traded. This has become a polemic and become a criticism of the
fiqh of the Shiah, who still legalize mut'ah marriage. In the practice of marriage which
is limited by a certain time it is actually false (bathil) because it is contrary to Islamic
sharia. The principle of marriage is for the sacred purpose of building a family that is
sakinah, mawaddah wa rahmah and that only happens for permanent marriage (nikah
daim).

Keyword: Contract marriage, human trafficking, Shiah jurisprudence