THE CONCEPT OF IKHTILĀF IN THE BOOK TAWḌĪḤ AL - AḤKĀM AND ITS RELEVANCE TO MERRIAGE LAW IN INDONESIA

The difference of scholar’s opinions in establishing laws in furu'iyah will always occur in every circumstance. The differences in the methods they use in establishing the laws of the Qur'an and hadith. Sometimes these differences lead to division and debate among the public. In avoiding disputes in society, an appropriate approach is needed to compromise (al-jam’u) these differences. Among the contemporary scholars that discuss this issue is 'Abdullah bin 'Abdurrammān al-Bassmm in the book of Tawḥ al-al-Aḥkām. It is one of the verses of Ibn Hajar al-Asqalani's book of Bulūgh al-Marām. Among the main points of his discussion is explaining ikhtilaf ulama related to various issues. The problem in this study is how the concept of ikhtilaf in Tawdīḥ al al-Ahkām and its relevance to marriage law in Indonesia? This research is aimed to examine the ikhtilaf issues in the Kitab al-Nikah in the book of Tawdih al-Ahkam and how al-Bassam's method resolving them and its relevance to the law of marriage in Indonesia. This study is a qualitative descriptive study involving documentation methods. The data in this study were analyzed by using the content analysis method. The results of this study show that there are six marriage-related ikhtilaf issues in the book Tawdih al-Ahkam. Al-Bassam solved the problem using three methods, namely 'Ard al-Aqwal, Munaqasyah al-Adillah and al-Tarjih. The Tarjih performed by al-Bassam is in accordance with the marriage law in Indonesia as stipulated in the Compilation of Islamic Law.

Al-Bassmm presented legal issues that differ among schools of thought. The meaning of ikhtilaf in this study is differences of opinion arose among scholars in establishing the law.
The ikhtilaf problem in the book of Tawdih al-Ahkam focuses on the Kitab al-Nikah or related to marriage such as the existence of a guardian being a legal requirement for marriage, triple divorce, khalwah, etc. Then the legal term of al-Bassam related to the matter will explain its relevance to marriage law in Indonesia.
The three problems that must be solved in this study are the problems of ikhtilaf in the book of Tawdih al-Ahkam? And how is al-Bassam's isinbat method of resolving it and its relevance to marriage law in Indonesia?
This study was conducted to examine the issue of ikhtilaf in the Kitab al-Nikah in the book of Tawdih al-Ahkam and its method of settlement and relevance to marriage law in Indonesia. The results of this study were used as a guide in dealing with differences of opinion in Indonesia not only on marriage issues but also on other issues.

METHODS
This study is a study of library research (maktabi), which is based on studies of libraries such as books, encyclopedias, journals, magazines and other documents related to research. This study is qualitative, where data presentation is not performed using statistics as usual in quantitative research. Methodologically, the method of expressing a person's thoughts or views of a group of people uses qualitative research. Among the approaches to qualitative methods is content analysis. It means that a researcher is directly dealing with the text that is the object of the study. This approach was used in this study. The primary ingredient in this study is the hadiths in the Kitab al-Nikah in the book of Tawdīḥ al-Ahkām. While the subject matter is books, magazines, newspapers and websites through internet access.
Once the data and information are obtained through the process of the above data collection methods, they are analyzed and studied using content analysis techniques, a scientific analysis method aimed at the material or text that is data in the study. 1 In another sense content analysis is a technique used to derive conclusions through attempts to discover characteristics of messages performed objectively and systematically. 2

LITERATURE REVIEW
There have been several studies conducted by earlier researchers regarding the methods of ichthylaf and legal terminates. Among them is a study conducted by Muammar Bakry under the title "Development of Tolerant Characters in Ikhtilaf of Madzhab Fikih". This study deals with the development of tolerant character in addressing the differences between madzhab fikih which consists of four characters, namely, sports, sports, and sports. While the author's research discusses the concept of ichthilaf and its method of completion in the book Tawdih al-Ahkam. Based on the research done, this is the only study that is close to the author's study.
However, the focus of the discussion differs from the object of the study that the author is conducting. His study focused on al-Bassam's method of resolving marriage-related ikhtilaf issues in the book of Tawdīḥ al al-Ahkam and its relevance to marriage law in Indonesia.

A. General Review of Ikhtilāf
The word of ikhtilaf literally means strife. 3 In the Indonesian Dictionary, the word ikhtilaf is interpreted as a difference of opinion or disagreement of mind. the antonym of the word ikhtilaf is ittifaq (agreement). The term ikhtilaf is a distinction that occurs among scholars or mujtahids in understanding the text of the Quran and hadith. 4 Thus, between definitions by language and terms there is no noticeable difference, even conformity. So the error between the people is that there is no difference between hem. 5 Classical Sunni scholars claimed that ikhtilaf or dissent among scholars in establishing the law is a mercy for Muslims if properly addressed. 6 However, an ikhtilaf would be bad when not well understood and would inevitably cause division and blame. 7

B. Biography of Al-Bassām
Al-Bassmm's full name was Abu 'Abdirrahman Syeikh 'Abdullah bin 'Abd al- Al-Bassam had a family originating from the Banu Tamim tribe who were very famous for their love in science. His family was well known in neighbore countries for caring deeply for the underprivileged. His father was Abd al-Rahman ibn al-Bassam, he was a prominent scholar and businessman in 'Unaizah.
The large family of al-Bassam always provided a place for travellers. Because of this kindness the al-Bassam family often received praise from the public. The al-Bassam family was well known for its love of science and collected a wide variety of classical books mainly related to history. 9 Every living will die. Al-Bassmm died on Thursday, coinciding with the 27th duhul Qa'dah prayer of 1423 H or 10 February 2002 at the age of 77 due to heart disease.
Janazah al-Bassam was consecrated after Friday prayers at al-āarmm Mosque and buried in al-'adl cemetery, one of the burial sites in Mecca.

C. Istinbāṭ al-Bassam Against the Ikhtilāf Problem
In the first volume of the introduction, al-Bassam stated that in establishing the law in Ikhtilaf al-Bassmm's issues were neither ta'assub nor inclined towards a particular school. However, al-Bassmm adhered to the arguments and opinions of stronger scholars.
There are three methods used by al-Bassam to solve the ikhtilaf problem, namely expressing the opinions of scholars ('arḍ al-aqwāl), arguing the arguments used by each group (munaqasyah al-adillah) and tarjiḥ or choosing one of these stronger opinions. This explanation will answer and prove whether al-Bassam was a panatic school cleric. There are several issues of ikhtilaf in the Kitab al-Nikah in the book of Taudīḥ al al-Aḥkām as described in the following explanation: The first marry a woman who is in another's khitbah. A khitbah is a request from a male to a female for the purpose of marriage whose law is annihilated in Islam. 10 When a woman has been owned by a man, she shall no longer receive another man's ear until the permission of the first man is granted. However, this issue occurred among the scholars as explained by al-Bassam in the book of Tawdih al-Ahkam when he directed the following hadith: "From Ibn 'Umar ra. He said: The Messenger of Allah. He said: "Do not ask women who are being groomed by other men nor sell anything that is in transaction with others without permission".
According to Al-Bassam, scholars have agreed on the illegality of betraying women who are in other men's khitbah without direct permission. However, the scholars disagree regarding the status of the second applicant's marriage contract. One opinion states that the second applicant's marriage is invalid. This is the opinion found by Imam Malik and his followers. Meanwhile, the second opinion is that the second man's marriage is legal, but it is sinful and mandatory to sanction because it has violated the rules. This is the opinion expressed by Imam Hanaf,, Imam al-Syafi'ī dan and Imam Ahmad bin Hanbal. According to the three priests of this school who were forbidden in the hadith above were his actions not his marriage contracts.
On this issue, al-Bassam explained that if a man wants to marry and marry a woman who is still in another man's khitbah, his marriage contract is considered valid. Al-Bassam emphasized that the hope in this issue did not mean a marriage contract. The purpose of prohibition that is illegal in hadith is that the perpetrator must receive religious punishment. Al-Bassam said: "If you want to marry and marry a woman whose status is still under the management of another man, then the marriage is not cancelled, because it is not a contract". 11 This statement of al-Bassam is the same as the opinion expressed by three imams of madzhab, namely Imam Hanafi, Imam al-Syafi'i and Imam Ahmad bin Hanbal. The above statement is also the same as the khitbah stipulated in the 12th Compilation of Islamic Law. It means that in Indonesia it is also prohibited to do khitbah to a woman who is still in the hands of others even though her marriage is still valid according to Islamic law. 12 The next issue of ikhtilaf was the existence of a witness who served as one of the legal requirements of marriage. This arose when al-Bassam directed the hadith below:
There are two differences in the opinion of the cleric regarding the existence of the witness as one of the legal requirements in the marriage contract. The first opinion was expressed by Imam Abu Hanfahfah, Imam al-Syafi'i and Imam Ahmad ibn Hanbal. These three priests had the opinion that the existence of witnesses was a legitimate requirement for marriage. In fact, in Madzhab al-Syafi'i the witness became one of the reconciliation of marriage (min arkan al-nikah). For example, the hadith qauli Rasulullah SAW below:

‫َنِْ‬ ‫ع‬
"From Abu Hurairahra. He said, "The Messenger of Allah. He said: "The marriage will not be valid unless there is a guardian and two just witnesses (wasyahiday 'adl. H.R Imam al-Tabranī".
The second opinion was found by Imam Malikl. Imam Malik said that the presence of witnesses was not a requirement for marriage. He said that the hadith above was illegitimate. This opinion was strengthened by Ibn Taimiyah and Taqy al-Din. Taqy al-Din said: No legitimate hadith was found that explained the existence of a witness during the marriage contract. Taqy al-Din's opinion regarding the status of hadith above is not completely correct. Based on research conducted by the authors, it was found that hadiths used by the majority of scholars were above the level of hasan sahih. 13 Al-Bassam's statement regarding the matter is as follows: "Marriage is invalid without the presence of two witnesses who are fair and have been denied". 14 Al-Bassam's opinion is in line with the majority of scholars' opinions (jumhūr al-'ulamā) that witnesses should present in marriage contracts of marriage. In Indonesia as stipulated in the Compilation of Islamic Law, the 14th chapter of the existence of two just witnesses becomes reconciled in marriage. That's why marriage isn't legal without witnesses.
The third a guardian as a legal requirement of marriage. This is explained by al-Bassam when he hadith: "From 'Ā'isyah ra. He said: The Messenger of Allah. He said: a woman who got married but didn't get her guardian's permission then the marriage contract was invalid. When jima' occurs, he is entitled to a dowry. If the guardian does not want to marry, then the judge who has the right to be the guardian for women who do not have a guardian. Abu  The existence of guardians during marriage contracts also occurred among scholars. Imam Malik, Imam al-Syafi'i and Imam Ahmad ibn Hanbal (al-a'immah al-ṡalalṡah) argued that the existence of a guardian in a marriage contract was one of the legal requirements. In fact, the Syafi'i guardian school became one of the pillars of marriage. 16 Meanwhile, the guardian does not become a legal requirement in the marriage contract is the opinion expressed by Imam Hanafī. The Madzhab Hanafi adherents annotated marriage by sale. According to them, a woman is free to sell whatever she has, including marrying herself. He can marry himself to the man he loves without depending on the guardian. 17 This opinion received a response from other scholars. The first is that these qiyas compare with nash. It should not and should not be considered a legitimate qiyas. Second, in the study of ushul fiqih qiyas there must be an equation between the two laws. While between marriage and sale there's nothing in common. Marriage is a contract in which there must be a commitment so that it requires a thought and knowledge of the consequences. While buying is a very simple contract. 18 Al-Bassam's statement regarding the above issue is the same as the opinion of the majority of scholars. He said that guardianship is one of the conditions for a valid marriage contract. Al-Bassam stated: The presence of a guardian is one of the conditions for a valid marriage, therefore marriage is invalid without a guardian. From this statement it can be understood that marriage is invalid without a guardian. Al-Bassam's statement is in accordance with the provisions of marriage in the 14th article of the Compilation of Islamic Law in Indonesia. But not as a condition but as a pillar of marriage as well as the presence of two witnesses. Thus, both as a condition and as a pillar of the presence of a guardian is an important part of marriage.
While the fourth divorce Three in a single time. The scholars has different opinions regarding the triple divorce that the husband gives in one speech as al-Bassam explained when he directed the following hadith sahih: "From Ibn 'Abbas ra. He said: 'The divorce was done during the Prophet's time. The reign of Umar ibn al-Khattab and the reign of the khalifah Abu Bakr and the two years of khalifah 'Umar ibn al-Khattab, the three-year-old divorce was counted as one. 'Umar said, 'Indeed, men are apt to rush into what they should be careful of. HR. Imam Muslim." 19 On this issue also, scholars disagree on whether the divorce fell by three so that a husband no longer lives with his wife before marriage and divorces someone else or counts for just one. The scholars of the four schools argued for a triple divorce which was pronounced and fell by three. They put forth the hadith's argument: According to this opinion, the Hadith of the 'Ā'isyah which most scholars use as the basis cannot be used as an argument. This is because it is not possible that the term of the three hadith is the term of divorce is the termination of divorce. They put forward a rule which states that if there is a likelihood, then the istidlal is null. 21 In this regard, al-Bassam stated that the hadith which explains Rukānah third divorce to his wife is an argument held by the number of triple divorce clerics who are both a Ba'in Kubra divorce. If that is the case, the husband is not allowed to refer to his wife before marriage and divorce with another man and and do the jima'. Al-Bassam states: Riwayat "ṭallaqaha al-battah" in Rukanah's hadith is an argument held by jumhur ulama that the third divorce, as well as the divorce of ba'in kubra, should not be referred to his wife except after marriage, feels pleasure and divorce from another man. 22 The fifth the husband says to his wife "anti 'alayya haram". Ikhtilaf ulama in this issue was explained by al-Bassam during the following hadith: "From Ibn Abbas ra. He said, "If a husband speaks ill of his wife, it is an oath and must pay a fine. Muttafaq 'Alaih".
The scholars differed on this issue. There are at least three differences in opinion.
That is the first: This is an oath, so the perpetrator is required to pay a fine. This is the opinion expressed by the three Imams of Madzhab, namely, Imam Malik bin Anas, Imam Hanafi and Imam al-Syafi'i. Second: Depends on the intention of the speaking person.
Whether it be a divorce or a vow. Third, it is a zihar and is obliged to pay a fine of zihar.
This was the opinion chosen by the Amadmad ibn ananbal school.
The opinion of al-Bassam regarding the above is the first opinion of yamin mukfirah. According to him, the meaning of hadith someone said to his wife 'anti 'alayya haram' is not unlawful in the sense of divorce, but as an oath that the perpetrator is obliged to pay the kaffarah. Al-Bassam said: The husband said to his wife: You are forbidden to divorce me, but you are obligated to pay the kaffarah 23 . The above words contain multiple interpretations such as the opinions put forward by the scholars above.
However, if it is understood as zihar 24 (equal to a female mahram) then the legal sanction is to pay kaffrahrah or a fine, namely freeing slaves, fasting two consecutive months and feeding sixty poor people. This regulation also applies among Indonesian Muslim communities who are predominantly Syafi'i. 25 The sixth issue is meaning of the word Qar'. This problem arose when al-Bassam directed the following hadith: "From 'Ā'isyah ra. she said: Indeed, the word aqra' is sacred. HR. Imam Malik". 26 The iddah of a woman who is divorced by her husband if she is not pregnant is three qurū'. Regarding the meaning of qurū', there is a difference of opinion among scholars. The first opinion states that the meaning of the word qurū' is holy. This is the In the Compilation of Islamic Law this issue is not specifically described because it is included in the problem of differences in interpretation. However, with regard to women's iddah, it is explained in detail in the Compilation of Islamic Law chapter 153 paragraphs 1 to 6. One of the points of discussion is the iddah or waiting period for a woman to cleanse her husband three times if divorced, her husband is not pregnant and is still menstruating.

CONCLUSION
Based on the above research, the conclusion can be made that in Kitāb al-Nikaḥ in the Law. It means that the legal term of al-Bassam after performing tarjih is in accordance with the majority opinion of scholars, one of which is the opinion of Imam Syafi'i which is generally followed by Muslim communities in Indonesia.
Among the causes of division and conflict among Muslims today is the rigidity in understanding and responding to the issue of ikhtilāf. Therefore, discussions related to the jurisprudence of ikhtilāf need to be developed and conveyed to the Islamic community, especially with regard to the jurisprudence of worship in order to increase their knowledge and broaden their horizons so that they do not feel that they are most right in their own opinion and tend to mislead the opinions of others.