YOGYAKARTA - In Islamic teachings, there is a dowry or commonly known as a dowry. Mahar is a gift from a husband to his wife. So what is the law of dowry like in marriage according to Islam?
Ethymologically, according to the book Fiqh Empat Madzhab Volume 5 by Syaikh Abdurrahman Al-Juzairi, the word "mahar" comes from the term Arab al-mahr. Mahar is also known as shadaaq which means giving property as a form of seriousness to get married.
In the terminological sense, dowry is a property that is the right of the wife as a consequence of the marriage contract. Mahar is used as a reward for allowing him to enjoy a husband and wife relationship, including intimate relationships.
From various definitions, it can be concluded that dowry is a gift in the form of property or benefits from the male side to the female party as a result of a legal marriage contract. Let's look at the law of dowry in marriage according to Islam.
Imam Syafi'i in the work of Al-Umm: The Islamic Fiqih Code explains that Allah SWT has required husbands to give dowries to their wives. In the Qur'an, sometimes Allah uses the term ajr which means dowry, and on other occasions uses the word shadaq which also means the same. Although using different terms in Arabic, both have similar meanings.
The legal basis for the mandate of a dowry by Allah SWT is contained in the Qur'an, namely in Letter An-Nisa verse 4.
You can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't.
Latin: Wa 04tun-nis jurisprudence'a kataduqhutihinna nibulah(tan), fa in ibna lakum 'an syai'im minhu nafsan fa kul Marijuhu han sam'am mar...(n)
Meaning: Give dowries to women (whom you marry) as a willingness gift. Then, if they hand over to you some of the (mahar) with pleasure, please and obey the gift with pleasure.
Surat Al-Baqarah ayat 237:
You can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't help it, you can't.
Latin: Wa in allaqtum hunna ming qabli an tawars hunna wa qad fara lahunna far
Meaning: If you divorce them before you touch (mix), even though you have determined the dowry, then (pay) half of what you have decided, unless they or parties who have the authority to marry (husband or guardian) release them. Your release is closer to piety. Don't forget the kindness between you. Indeed Allah sees what you do.
Yusuf Qaradrawi in his book explains that dowry is a provision that has been confirmed through the Qur'an, the Sunnah of the Prophet, and the agreement of the ulama (ijma). This provision has also been applied in the practice of marriage, so there is no doubt that dowry is part of Islamic teachings.
In the book Fiqh Keluarga Terlengkap, Rizem Azizid stated that the legal provisions regarding dowry could adapt to certain conditions and situations.
However, the scholars agreed that men are still obliged to give dowry to the bride and groom. This provision was directly emphasized by Allah SWT in the Qur'an, especially in Letter An-Nisa verse 4.
Although dowry is the right of the wife that must be given by her husband, Rizem Azizid emphasized that dowry is not part of the pillars or the legal requirements of marriage contracts, but is included in complements or important elements in marriage.
Meanwhile, as quoted in the book Law on Marriage, dowry is a gift that is the obligation of the husband as a form of fulfilling the rights of his wife.
However, if in the future the wife voluntarily gives some of her dowry to her husband, then it is allowed. What is not justified is if the husband forces his wife to hand over the dowry which has actually become his property.
Still taken from the reference book Fatwa-Fatwa Contemporary Volume 2, the Shari'a recommends that the dowry be given a small amount and does not hal it. This is in accordance with the words of the Prophetullah SAW,
Let's take care of it. Let's take care of it, let's take care of it, let's take care of it.
Meaning: The most blessed is the least dowry. (Hadits Shahih)
Prophet SAW also said in another history, as follows, "It is better for women, who are beautiful in face and the cheapest in dowry." (HR Ibnu Majah)
The Prophet Muhammad SAW also gave an example in terms of dowry, where he married several of his wives with very simple dowry, in the form of only a few dirhams. When marrying his daughter, Fatimah, with Ali bin Abi Talib, the dowry given was only an iron shirt.
Another example can be seen when the Prophet SAW married several women to friends who did not have assets. He also said to one of his friends, "Look for people, even if it's just an iron ring."
On another occasion, there is a man who wants to get married but does not have any wealth, except memorizing the Qur'an. The Prophet SAW then asked him to make the teaching of the Qur'an to his future wife as a dowry in the marriage.
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He said as follows, "I really have married you to him by memorizing the Qur'an that you have (which you teach him)."
That's a review of the law of dowry in marriage according to Islam. Also read 6 types of dowries that are prohibited in Islam.
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