A Set of Prayer Outfits as a Mahar? Discrimination against Women in the ʻUrf Reality of the Archipelago’s Fiqh

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.

Maisi Sasuduik: Restrengthening the Implementation of the Concept of al-Ba`ah in some Minangkabaunese Traditional Marriages

“…Maisi sasuduik does not seem to be an Islamic teaching because in an Islamic marriage, the man's obligation is only to pay the dowry at the time of the marriage contract. 33 Several informants interviewed by the author also did not say that there were Islamic teachings practiced in the maisi sasuduik custom. Desembri said that the observance of the maisi sasuduik custom did not come from religious orders.…”

Position of the Qur’an Memory as a Price Payment Media in Buy and Sell

“…Therefore paying the dowry is everything that must be given by a man who shows the importance of the marriage contract (Yenti, Busyro, Ismail, Rosman, & Wadi, 2020). In addition, the dowry given to a woman means respecting and glorifying women and giving good intentions to have a Al-Mustashfa, Vol.…”

The Prohibition Sustainability on Marrying a Woman of the Same Ethnic Group as an Ex-Wive in Minangkabau’s Tradition

“…All scholars agree that "urf is valid as one syara," that is, "urf that meets at least the criteria, namely, useful and acceptable by common sense, applies in general and equally for people in the customary environment, or among the majority of its citizens, "urf that existed (applied) at that time, not "urf that appeared later," and must not contradict and neglect existing syara or conflict with certain principles." 36 Harisuddin emphasized that "urf" must be positioned as a legal product that can genuinely produce benefits 37 . However, a fiqh expert is prohibited from giving a fatwa (decision) with 'urf that is contrary to the basis of the Shari'a, except in an emergency that requires him to decide a case according to the basis of the Shari'a, in which case the law given is justified based on the emergency and entering into rukhshah the stipulated on the path of ijtihad.…”