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Perkembangan Jaman Semangkin tidak terkendali, terlebih lagi hubungan sepasang insan di jaman yang serba cepat dan masif sekarang ini, berikut adalah Nukilan Kisah tentang bagaiamana apabila dosa itu telah terjadi dan proses Pertaubatan nya menurut Agama Islam
.
Kami menikah tiga tahun lalu kami menikah. Namun sebelumnya itu—kami beristigfar kepada Allah SWT—pernah melakukan zina. Perbuatan itu kami lakukan beberapa kali sebelum pernikahan. Sekarang kami memiliki dua orang anak.
Kami pernah membaca beberapa referensi, bahwa pernikahan seperti ini dalam Islam tidak sah dan bahwa hal itu harus dibatalkan karena yang melakukan, dalam hal ini kami, tidak bertobat sebelum menikah. Namun, sekarang kami menyesali perbuatan zina itu.
Apa yang harus kami lakukan sekarang? Apakah kami harus membatalkan pernikahan kami sekarang dan kemudian mengulanginya tanpa perlu adanya ‘iddah? Apakah kami bisa diampuni oleh Allah SWT karena ketidaktahuan kami?
Semua yang ingin kami lakukan sekarang ini adalah menjalani kehidupan pernikahan bersih yang menyenangkan untuk Allah. Sebelum hari pernikahan, saya mendapatkan menstruasi sekali jadi bisa dipastikan bahwa anak-anak kami dilahirkan ketika saya dan suami benar-benar sudah disatukan oleh akad. Terima kasih atas jawabannya.
Wassalam.
Assalamuallaikum Warahmatullahi Wabarakatuh.
Tidak boleh bagi laki-laki pezina menikah dengan wanita pezina sebelum mereka bertaubat. Berdasarkan firman Allah Ta’ala.
الزَّانِي لا يَنكِحُ إلا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لا يَنكِحُهَا إِلا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَ (سورة النور:
“Laki-laki yang berzina tidak mengawini melainkan perempuan yang berzina, atau perempuan yang musyrik; dan perempuan yang berzina tidak dikawini melainkan oleh laki-laki yang berzina atau laki-laki musyrik, dan yang demikian itu diharamkan atas oran-orang yang mukmin.” (QS. An-Nur: 3)
Ulama kalangan mazhab Hambali berpendapat bahwa pernikahan wanita pezina yang belum bertaubat tidak sah. Mereka tidak menjadikan taubatnya pezina laki-laki sebagai syarat sahnya pernikahan. (Al-Inshaf, 8/132, Kasyaful Qana, 5/83).
Berdasarkan pendapat ini jika saudari telah bertaubat sebelum akad, maka nikahnya sah. Tapi kalau tidak (belum bertaubat) maka sikap yang lebih hati-hati adalah memperbarui akad.
Taubat dapat terwujud dengan penyesalan dan berjanji tidak mengulangi perbuatan maksiat. Apabila anda telah menyesali terjadinya perbuatan haram tersebut dan bertekad untuk meninggalkannya, kemudian anda melakukan pernikahan, maka itulah taubat anda.
Adapun masalah terbebasnya rahim dan iddah, ini adalah perkara yang diperdebatkan para ulama. Ulama mazhab Hanafi dan Syafii berpendapat bahwa hal tersebut tidak diharuskan.
Yang kami nasehatkan adalah bahwa apabila memungkinkan bagi kalian berdua adalah memperbarui akad tanpa memberitahu wali tentang hakikat perkara. Itulah yang hati-hati.
Tata cara akadnya adalah, wali anda berkata kepada suami anda di hadapan dua orang saksi, ‘Aku nikahkan engkau dengan puteriku, atau saudara perempuanku, yaitu saudari……’ Kemudian suami anda berkata, ‘Aku terima’.
Jika tidak memungkinkan memperbarui akad kecuali dengan memberitahu telah terjadinya hubungan haram, kami berharap tidak ada kewajiban apa-apa bagi kalian berdua tetap dengan pernikahan sebelumnya berdasarkan pendapat jumhur ulama yang berpendapat sahnya pernikahan seperti itu.
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