THE IMPLEMENTATION OF MODEST AND SIMPLE PRINCIPLE TO MAHR AS A CONTRIBUTION TO THE INDONESIAN MARRIAGE LAW

Nur Mohamad Kasim

Abstract


Mahr was one of the provisions given by the groom to the bride and regulated by the Islamic sharia. Mahr was one of the series in a marriage procession. Islam regarded mahr as the bride’s private rights, so it should not be transferred to her guardian or her family. Islam defined mahr as the groom’s duty and it should not be violated. Mahr would be fully authorized by the bride. QS. An-Nisa (4) recited, “And give the women (upon marriage) their (bridal) gifts graciously.” The gift was mahr whose amount was determined on the behalf of two parties’ agreement, as it should have been voluntarily given. Nevertheless, mahr could be arranged by a modest and simple principle not to burden the groom. During this time, mahr had been arranged by prestige, status, and economic principles. It might restrict the groom’s good will to marry the bride, because the best mahr was the easiest mahr. Although it was actually not one of the compulsories in an Islamic marriage, it was an obligation for the groom. Mahr given to the bride should meet the requirements as follows: valuable wealth, sacred object that gave advantages, non-ghasab object, non-abstract object/real object

Keywords


Implementation, Principle, Modest, Easy, Marriage Mahr

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DOI: http://dx.doi.org/10.21143/jhp.vol50.no2.2596

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