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HUKUM WANITA MENIKAHI TIGA PRIA ( POLIANDRI )
PERTANYAAN :
السلام عليكم ورحمة الله وبركاته
Ada kasus seorang wanita kerja di Arab saudi, dia punya suami tiga Ekor, eh maaf tiga orang, 1. Di indonesia. 2. Di arab, juga sama-sama orang indonesia, tiap bulan ngirim uang ke suami yang di indonesia, gimana nih.... ?
Wa'alaikumsalam Warohmatullaahi Wabarokaatuh. Dalam kasus di atas, pernikahan wanita yang mengaku tidak dalam berstatus bersuami dengan suami kedua dan ketiganya secara lahiriyah tetap sah asalkan wanita tersebut dapat menunjukkan bukti-bukti kuat statusnya saat ia menjalani pernikahan, akan tetapi bagi wanita yang tahu pasti keberadaan status aslinya, hubungannya dengan suami kedua dan ketiganya tetap dihukumi ZINA...
( و ) شرط ( في الزوجة ) أي المنكوحة ( خلو من نكاح وعدة ) من غيره
( قوله خلو من نكاح وعدة ) أي ولو بادعائها فيجوز تزويجها ما لم يعرف لها نكاح سابق فإن عرف لها وادعت أن زوجها طلقها أو مات وانقضت عدتها جاز لوليها الخاص تزويجها ولا يزوجها الولي العام وهو الحاكم إلا بعد ثبوت ذلك عنده كما قال ز ي اه
Disyaratkan pada (calon) istri yang hendak dinikahi tidak dalam status menikah dan dalam masa iddah.... (Tidak dalam status menikah dan dalam masa iddah) meskipun dengan pengakuannya, maka boleh menikahkannya selama tidak diketahui dia telah menikah dengan lelaki yang pertama, bila ia diketahui telah menikah dan ia mengaku suaminya telahmentalaknya atau telah meninggal dunia serta telah usai masa iddahnya maka boleh bagi wali khasnya menikahkannya tapi tidak bagi wali ‘amnya (hakim) kecuali setelah terdapat kejelasan pastinya akan status wanita tersebut menurutnya. [ I’aanah at-Thoolibiin III/280 ].
( و ) شرط ( في الزوجة خلو من نكاح ) فلو أذنت المرأة لوليين فأنكحها أحدهما رجلا والآخر رجلا آخر فإن وقع نكاحهما معا أو جهل السبق والمعية أو عرف سبق أحدهما ولم يتعين وأيس من تعينه فالإنكاحان باطلان بخلاف ما إذا أذنت لأحدهما فيتعين الصحة له فإذا زوج الآخر لم يصح وإن عرف عين السابق ببينة أو تصادق معتبر ولم ينس فهو الصحيح فإن نسي وجب التوقف حتى يتبين فلا يجوز لواحد منهما وطؤها ولا يجوز لثالث نكاحها قبل أن يطلقاها أو يموتا أو يطلق أحدهما ويموت الآخر وتنقضي عدتها ممن دخل بها أو مات عنها
Disyaratkan pada (calon) istri yang hendak dinikahi tidak dalam status menikah, bila seorang wanita memberi izin pada kedua walinya untuk menikahkannya, kemudian salah seorang walinya menikahkannya dengan seorang lelaki dan seorang walinya lain menikahkannya dengan lelaki lainnya, bila pernikahannya terjadi bersamaan, atau tidak diketahui mana pernikahan pertamanya atau diketahui hanya saja lelaki yang menikahi pertamanya tidak jelas maka kedua pernikahannya dihukumi batal.
Berbeda saat ia memberi izin pada salah seorang dari walinya kemudian ia berstatus istri dari suami sahnya maka bila lelaki lain menikahinya tidaklah sah pernikahannya. Bila diketahui keberadaan kejelasan suami pertamanya dengan bukti kuat maka pernikahan dengannyalah yang sah. Bila terlupakan kejelasannya maka ditangguhkan hingga menjadi jelas kesemuanya dan dalam masa penangguhan ini salah seorang dari suaminya tidak diperkenankan menggaulinya.
Dan bagi lelaki ketiga tidak boleh menikahinya sebelum kedua suaminya mentalaknya, atau keduanya meninggal atau salah seorang mentalaknya dan seorang lagi meninggal dunia dan telah usai masa iddahnya dari suami yang telah menggaulinya atau mati meninggalkannya. [ Nihaayah az-Zain I/302 ]. Wallaahu A'lamu Bis Showaab
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