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All Journal Al-Manahij: Jurnal Kajian Hukum Islam IJTIHAD SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam JURNAL CENDEKIA HUKUM Al Hurriyah : Jurnal Hukum Islam ISLAM TRANSFORMATIF : Journal of Islamic Studies Legal Protection for the Partnership Agreement Parties Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) HUMANISMA : Journal of Gender Studies Islam Transformatif : Journal of Islamic Studies Al Hurriyah : Jurnal Hukum Islam USRATY : Journal of Islamic Family Law Madania: Jurnal Kajian Keislaman
Edi Rosman
IAIN Bukittinggi
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Legal Protection for the Partnership Agreement Parties

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Provisions of mahar (dowry) in Islam practiced by the Prophet Muhammad and his companions are substantially used as a standard of giving dowry in a marriage. Mahar provided by the Prophet as well as those by his companions had a high economic value; unless they were fortuneless. However, what has been practiced by many recently does not reflect the deed of the Prophet Muhammad. Nowadays, people tend to provide a set of prayer outfit as a mahar, an item which could not support a family financiall Yenti, Endri; Busyro, Busyro; Ismail, Ismail; Rosman, Edi; Wadi, Fajrul
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.465 KB) | DOI: 10.30631/alrisalah.v20i1.567

Abstract

Provisions of mahar (dowry) in Islam practiced by the Prophet Muhammad and his companions are substantially used as a standard of giving dowry in a marriage. Mahar provided by the Prophet as well as those by his companions had a high economic value; unless they were fortuneless. However, what has been practiced by many recently does not reflect the deed of the Prophet Muhammad. Nowadays, people tend to provide a set of prayer outfit as a mahar, an item which could not support a family financially. Even if some people do provide high-priced mahar, yet much of it is used before akad (the marriage vow) to finance a wedding reception, rather than handing out the money directly to the wife. This article aims at evaluating this tradition, since it discriminates against women’s privilege of mahar. From the findings of the research, it is concluded that traditions; giving a set of prayer outfit to women, or using mahar as a payment for a wedding reception discriminate against women’s rights because the essence of mahar is to economically support or help the wife in the future. According to the provisions of ʻurf, this tradition does not fit in the Islamic law and is not legitimate to be incorporated into the Archipelago’s fiqh. 
Co-Authors Abdul Alim Abdul Alim Alfin, Aidil Ana Ramadhona Arsal Arsal Arsal Arsal Azizah, Hidayatul Basir, Gusril Bustamar Bustamar, Bustamar Busyro Busyro Busyro, Busyro Dafizki, Ashlih Muhammad Elfiani Fajrul Wadi Ilhami, Hanif A'la Ismail Ismail M. Yanis Saputra Miswardi Miswardi, Miswardi Novel, Ismail Pendi Hasibuan Ranti Rafika Dewi Sanur Tarihoran, Adlan Saputra, M. Yanis Sasmiarti Sasmiarti Siti Hafshah Syahanti Siti Hafsyah Syahanti Tarihoran, Adlan Sanur Umul Khair Wadi, Fajrul Yufriadi, Ferdi