Sainul, Sainul and Amanah, Nurul (2016) Batas Aurat Perempuan dalam Pinangan Menurut Mazhab Zhahiri. Jurnal Hukum, 13 (2). pp. 363-412.

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Abstract

Khitbah has the meaning of the request. According to the custom is a form statement from one party to the other party for the purpose of holding the bonds of marriage. Some scholars argue that the women will see the ruling or the sunnah. It corresponds to the standard conception of ordered by through the Hadith that is allowed in order to bring the goodness in life, well-being and preclude the fun. But in the view of the scholars differ on opinions, fuqaha ‘opinion that allowed a look at the face and both hands, because the face and palms can represent beauty and fertility, is the sect of the Zhahiri allow saw his whole body without any restrictions. The sect of the Zhahiri is the only legal source claimed that nash, the scholars of the sect that is David Zhahiri and Ibn Hazm. Look at the woman at the time of peminangan according to the sect of Zhahiri as stated in his book al-Muhalla works of Ibn Hazm that members of a woman’s body that can be seen is his whole body without specific restrictions, as in the Hadith are not explained where body parts which can be shown and should not be shown to the man who will be meminangnya. Based on the analysis that has been done, it can be concluded that the sect of Zhahiri in interpreting the Hadith just based upon zhahirnya nas, without the use of qiyas, ijtihad, ra’yu, or dzara’i istihsan mursalah affairs.

Key words : Khitbah, marriage, aurat, Zhahiri

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