فهم المجتمع البروناوي حول النکاح المحلل

Abstract

Muhallil marriage is a type of marriage conducted to legalize a person who has divorced their spouse three times, allowing them to reconcile with their wife through a new marriage contract. If someone divorces their wife three times, either in one period or at different times, the husband is not allowed to marry his former wife again unless she has married another man, had sexual intercourse with him as a legitimate husband and wife relationship, and then got divorced and completed her waiting period (iddah). Some foreign countries not only allow but also practice muhallil marriages, including neighboring countries to Brunei Darussalam. Therefore, this study aims to determine the extent of understanding of the Bruneian society regarding muhallil marriage. The researcher also examines the opinions of scholars from the four schools of jurisprudence (Imams) regarding muhallil marriage. This study is based on fiqh (Islamic jurisprudence) books and a survey distributed to 50 respondents from the Bruneian society. The findings of this study indicate that the Bruneian society does not have extensive knowledge about muhallil marriage and the related laws concerning muhallil marriage. Additionally, only 58% of the respondents, which is 29 individuals, are aware of muhallil marriage. Some even believe that muhallil marriage is allow. This study is expected to serve as a guide for the Bruneian society and relevant parties to benefit from it while adhering as closely as possible to the Shafi'i school of jurisprudence. Therefore, authorities can use various means to increase public awareness and prevent them from falling into muhallil marriages.