Gus Baha, the caretaker of the Tahfidzul Qur'an Islamic Boarding School, sheds light on the prohibition of marrying a stepchild whose mother has been touched upon, as outlined in Surah An-Nisa verse 23. Dive into his explanation here.
Gus Baha, the overseer of the Tahfidzul Qur'an Islamic Boarding School under the auspices of the Institute for Quranic Education and Development (LP3IA) in Narukan, provides a detailed explanation regarding the legal aspects of marrying a stepchild whose mother has been involved. He references Surah An-Nisa verse 23 as his foundation.
He delivered this insight during the celebration of Prophet Muhammad's birthday in the year 1445 H and the commemoration of the venerable scholars at Raudlatut Thalibin Islamic Boarding School in Leteh, Rembang, Central Java, on Thursday, September 21, 2023.
Surah An-Nisa Verse 23: The Prohibition of Marrying Stepchildren
Surah An-Nisa verse 23 states:
حُرِّمَتْ عَلَيْكُمْ اُمَّهٰتُكُمْ وَبَنٰتُكُمْ وَاَخَوٰتُكُمْ وَعَمّٰتُكُمْ وَخٰلٰتُكُمْ وَبَنٰتُ الْاَخِ وَبَنٰتُ الْاُخْتِ وَاُمَّهٰتُكُمُ الّٰتِيْٓ اَرْضَعْنَكُمْ وَاَخَوٰتُكُمْ مِّنَ الرَّضَاعَةِ وَاُمَّهٰتُ نِسَاۤىِٕكُمْ وَرَبَاۤىِٕبُكُمُ الّٰتِيْ فِيْ حُجُوْرِكُمْ مِّنْ نِّسَاۤىِٕكُمُ الّٰتِيْ دَخَلْتُمْ بِهِنَّۖ فَاِنْ لَّمْ تَكُوْنُوْا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ ۖ وَحَلَاۤىِٕلُ اَبْنَاۤىِٕكُمُ الَّذِيْنَ مِنْ اَصْلَابِكُمْۙ وَاَنْ تَجْمَعُوْا بَيْنَ الْاُخْتَيْنِ اِلَّا مَا قَدْ سَلَفَ ۗ اِنَّ اللّٰهَ كَانَ غَفُوْرًا رَّحِيْمًا ۔
Translation: "Forbidden to you (for marriage) are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, daughters of brothers, daughters of sisters, your mothers who nursed you, your sisters through nursing, mothers of your wives, your stepdaughters in your guardianship from your wives you have consummated with. But if you have not consummated with them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful."
Gus Baha elucidates that in this verse, Allah prohibits marrying a stepchild whose mother has been touched upon by her husband. He employs the term "fi hujurikum" (فِيْ حُجُوْرِكُمْ) to refer to such a stepchild.
Fi Hujurikum: Must They Reside Together?
Gus Baha goes on to explain that the kverse includes the phrase "fi hujurikum," which implies that the stepchild resides with their mother. However, the underlying message of the verse is that marrying a stepchild whose mother has been touched upon by her husband is forbidden, whether they live together or not.
On the contrary, if a man marries a widow and has not consummated the marriage, he is allowed to marry the widow's stepchild, provided he is no longer her husband due to divorce or death.
However, there are cases where a stepchild may not live with their mother, such as when the child lives with their grandmother or father after their parents' divorce or when they live independently.
"It is important to note that the text cannot be understood to mean that it's permissible to marry a stepchild if they do not reside with their mother," emphasizes Gus Baha.
The Significance of Ushul Fiqih and Fiqih Knowledge for Understanding the Quran
From this case, Gus Baha underscores the importance of understanding the Quran through the lenses of ushul fiqih (principles of Islamic jurisprudence) and fiqih (jurisprudence) to avoid misinterpretations of its intent. He asserts that relying solely on the literal text of the Quran and hadith without the knowledge of ushul fiqih and fiqih can be perilous. This is because the Quranic verse regarding stepchildren uses the term "residing with." Following the text literally could lead to misunderstandings.
"If there are movements advocating a return to the Quran and hadith, believing only in the explicit texts, those who delve into ushul fiqih certainly do not wish to align with such movements," affirms Gus Baha.
According to Gus Baha, failing to comprehend texts like the prohibition of marrying stepchildren can have dire consequences. Therefore, the Quranic text is called just that - text. It must be analyzed with the knowledge of ushul fiqih to prevent misinterpretations. "Hence, the sacred text should be guided by knowledgeable scholars or ulama, as understanding and studying the Quran involves a structured knowledge system," he concludes.
Source: NU Online"
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