PENDAPAT IBNU QUDAMAH DALAM KITAB AL-MUGHNI TENTANG PEMBERIAN NAFKAH ISTRI QOBLA DUKHUL

Abstract

Regarding maintenance prior to consummation, Ibn Qudamah states in his book “al-Mughni” that maintenance prior to consummation is not obligatory; this is in accordance with the view of the Shafi’i, Hambali and Maliki scholars. Ibn Qudamah’s view differs from that of the Hanafi scholars, who hold that maintenance prior to consummation is obligatory. As for the method of deduction used by Ibn Qudamah, it is a semantic approach using the method of qiyas, whereas the Hanafi scholars use the generality of the wording. The qiyas used by Ibn Qudamah complies with the conditions of qiyas. In the case presented by the author, the wife is prevented from having marital relations with her husband by her family, and this is analogised to a wife who is still a minor and cannot yet be consummated by her husband; the legal basis for this is a hadith narrated by Imam Bukhari

Keywords: Ibn Qudamah, Spousal Support, before sexual intercourse