Hukum Meminang Perempuan Secara Tidak Langsung (Ta’ridh) Dalam Talak Ba’in Sughra Perspektif Hanafiyyah Dan Syafi’iyyah

Abstract

This study discusses the law of indirectly proposing to women (ta‘rīḍ) in cases of ṭalāq bā’in ṣughrā from the perspectives of the Hanafiyyah and Shafi‘iyyah schools. The research reveals that scholars differ regarding the permissibility of ta‘rīḍ after an irrevocable minor divorce. The Hanafiyyah hold that it is strictly forbidden to propose, even indirectly, to a woman in ṭalāq bā’in ṣughrā. Their reasoning is that the former husband retains the right to remarry her after the completion of her ‘iddah with a new contract, so any proposal during this stage risks interfering with that right. In contrast, the Shafi‘iyyah consider indirect proposals (ta‘rīḍ) permissible in both ṭalāq bā’in ṣughrā and kubrā, as well as in cases of separation due to fasakh. They base this on the general meaning of Qur’an Surah Al-Baqarah (2): 235, which allows expressing interest indirectly through decent words. According to them, ṭalāq bā’in ends the husband’s authority over the woman, so another person’s proposal does not violate any marital rights. Both schools rely on the same verse, but their interpretations differ: Hanafiyyah limit it to widows (based on the preceding verse, 2:234), while Shafi‘iyyah apply it generally. Thus, this study concludes that differences in legal reasoning and textual interpretation are the main causes of the divergent rulings between the two schools.