Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Vol 4 No 2 (2022): Hukum dan Pranata Sosial Islam

Konsep Mahar Pekawinan dalam Fiqh Kontemporer Analisis Mubadalah

Rabith Madah Khulaili Harsya (IAIN Syekh Nurjati Cirebon)
Umdah Aulia Rohmah (UIN Prof. KH. Saifuddin Zuhri Purwokerto)



Article Info

Publish Date
23 Nov 2022

Abstract

The concept of a marriage dowry from various time formalities considers the sale and purchase transaction, that is, the sale and purchase between the future husband who is the buyer and the father or brother on the basis that the future wife is their material right. At first the guardian i.e. father or grandfather and close relatives who cared for the woman considered the dowry to be their right in exchange for the obligation to care for and nurture the woman. This understanding makes for a sociological reality in Muslim society that exposes women to discrimination, exploitation and violence. Ironically, almost all such destructive treatment is justified by religion. Women are not recognized as fully human like men, so they have no right to represent themselves. Women have always been regarded as objects of law in all laws and regulations, especially those relating to family law. In contemporary fiqh, dowry is defined as the obligatory gift of a man to a woman in the presence of a marriage contract, it is a good protection of Islam and its respect for women is that Islam gives her the right of ownership. The obligation of dowry in the Qur'an in sura an-Nisa verse 4 The imposition of only one subject results in the reading of the text in a patriakhis manner that is not in harmony with Islamic principles. In Islam a text is not specific to gender as the command of prayer, zakat, fasting of course although the editors of mukhatab are men but also target women. Contemporary fiqh does not apply the size of the dowry, meaning that the dowry can be expensive or cheap depending on the situation and the place that occurs. The understanding that requires a dowry on the part of the husband (man) alone is not in harmony with the principle of mubadalah. The reason is because according to mubadalah every sacred text whose mukhotob is male then it can certainly be applied to women. Likewise, with the obligation to give a dowry by men, it can also be from the side of the woman who gives the dowry

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Journal Info

Abbrev

almanhaj

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan ...