المهر والعطاء المالي في الزواج بولاية سلانـجور : دراسة فقهية تحليلية

Abstract

This study dealt with the dowry (mahr) and money gift (al-'Atha' al-Mali) that the husband must pay to his wife for marriage, which are implemented in the state of Selangor and most of the states in Malaysia. This research aims to clarify the ideas on dowry and money gift and ways to reform them based on Islamic Shariah. In this study, the researcher relied on three approaches: inductive approach, analytical approach, and field study. Through the inductive approach, the researcher collected and categorized his research data, whereby the analytical approach analyzes the issue of dowry and money gift and their application in Malay society. The field study is conducted to obtain information and opinions from interviews with the officials responsible for marriage affairs. The study concluded a set of results, the most important of which is that the dowry does not have an estimated limit, although some jurists differ in its minimum. Islam did not set a specific amount for the dowry, and that money gift is one of the traditional Malay customs in marriage in Malaysia, which is to provide a sum of money to the wife’s family when the marriage contract is signed, and not mentioning the value of the money gift in the marriage contract is like the dowry and they are recorded together in the marriage certificate leads to the presence of two equal elements as monetary forms but they differ in the name. As a result of the different naming, it leads to disagreement and misunderstanding in the community and affects the ruling on merit and ownership .Therefore, this study is one of the efforts aimed at spreading awareness among the Malay community in the state of Selangor, especially in knowing the reality of the dowry and money gift in marriage, and how to apply them properly.