Jumlah Kesaksian Perempuan Dalam Perkara Radha‘ah Menurut Imam Malik Dan Imam Syafii

Abstract

This paper discusses the differences of opinion between Imam Malik and Imam Shafi'i regarding the number of women's testimonies in the ra??'ah case. ra??‘ah events that can lead to sexual relations which result in the prohibition of marriage between people who are related in the marriage. Therefore, a testimony is needed to ensure that breastfeeding has occurred. This research was conducted by following the rules of descriptive qualitative research which describes the concept of reading, collecting and analyzing data sourced from data in the library. The result of this research is that Imam Malik is of the opinion that the testimony of two women in the ra??'ah case is sufficient with the condition that information about the ra??'ah has been spread. As for the legal Istinba' method adopted by Imam Malik in this matter, namely to establish a female figure that can be proportional to the number of male figures, namely two women occupying the position of one male. Meanwhile, according to Imam Shafi'i, the testimony of women in the case of ra?a'ah should not be less than four people. According to him, if there are less than four women, the testimony is rejected. As for the legal Istinba method adopted by Imam Syafii, namely he confirmed that four women were in the position of two men. The opinion of Imam Malik and Imam Shafi'i is based on the meaning of the number of women's testimonies in Q.S al-Baqarah [2]: 282.