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KONSEP MAHAR (ṢIDĀQ) DALAM HUKUM PERKAWINAN ISLAM: ANALISIS FIKIH TERHADAP KETENTUAN DAN AKIBAT HUKUMNYA Isman Nuddin Ritonga; Muhammad Amar Adly
JURNAL ILMIAH NUSANTARA Vol. 3 No. 2 (2026): Jurnal Ilmiah Nusantara Maret 2026
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v3i2.8589

Abstract

Mahr (ṣidāq) is an essential element in Islamic marriage law and constitutes a mandatory obligation for the prospective husband. Beyond its symbolic function, mahr carries significant legal implications concerning the rights and obligations of spouses. This article aims to analyze the concept of mahr from a contemporary fiqh perspective by examining its normative foundations, legal requirements, and juridical consequences within Islamic marriage. This study employs a library research method with a normative-juridical approach, focusing on contemporary Islamic legal scholarship published within the last five years. The findings reveal that mahr is an exclusive right of the wife that must be fulfilled by the husband, regardless of whether it is explicitly stated in the marriage contract. Furthermore, mahr has ongoing legal consequences, particularly in cases of divorce, annulment, and the protection of women's rights. Therefore, a comprehensive fiqh-based understanding of mahr is crucial for ensuring substantive justice in modern Islamic marriage law.
Persepsi dan Praktik Masyarakat terhadap Zihar dalam Perspektif Fiqh Munakahat: Studi Kasus di Desa Simangambat, Kecamatan Dolok Sigompulon, Kabupaten Padang Lawas Utara Isman Nuddin Ritonga; Heri Firmansyah
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 02 (2026): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i02.8933

Abstract

This study aims to analyze public perceptions of zihar, examine its practice in domestic life, and explain its legal and social implications from the perspective of fiqh munakahat. The study employed a qualitative approach with field research conducted in Simangambat Village, North Padang Lawas Regency. Data were obtained through in-depth interviews with religious leaders, community leaders, village officials, and married couples. Data were analyzed thematically by comparing social practices and normative provisions of Islamic law. The results reveal a clear gap between the norms of fiqh munakahat and social reality, where zihar is perceived as an emotional expression or a joke without legal consequences. This finding indicates a weak internalization of Islamic family law and the potential for injustice in marital relations. This study emphasizes the importance of strengthening contextual and sustainable fiqh munakahat education at the community level.