Penghalang Pernikahan (Rabaib / Anak Bawaan Istri)

Abstract

Marriage in Islamic law is governed by various provisions related to mahram, one of which is the prohibition of marrying a wife’s child from a previous marriage, known as "rabaib." This study aims to analyze the views of the four Sunni schools of thought (Hanafi, Maliki, Shafi'i, and Hanbali) regarding the prohibition of marrying rabaib in Islamic family law. Using a comparative approach, this research examines the legal basis, evidence, and implications of the prohibition according to each school. The findings show that all four schools agree that a husband cannot marry the child of his wife from a previous marriage (rabaib), as long as the child is unmarried or has not been divorced. This view is based on the mahram principle as outlined in the Qur'an, which prohibits marrying a stepchild due to the marital relationship with their mother. However, there are differences in the rules regarding the maintenance and care of the wife’s child in some schools of thought. This study concludes that the prohibition of marrying rabaib in the four schools is based on the principle of protecting family rights, as well as maintaining honor and justice in family relationships, while prioritizing the application of law based on principles of fairness and welfare for all parties involved.