MASKAWIN DALAM PERSPEKTIF KAIDAH FIKIH DAN APLIKASINYA

Abstract

The mahr (dower) is an essential component of the Islamic marriage contract and has a strong basis in Islamic law. However, in contemporary social practice, the function of mahr has shifted in many communities—from a symbol of honor to a financial burden, and even to a form of prestige that contradicts the objectives of the Sharia. The phenomena of excessive mahr, symbolic forms of mahr, and the emergence of non-material mahr raise new questions regarding the limits of flexibility within Islamic jurisprudence. Based on this reality, the study formulates the following research questions: How is mahr conceptualized in classical and contemporary Islamic jurisprudence? How do the legal maxims of Islamic law provide a normative framework for determining the form and value of mahr? And how can these maxims be applied to the modern practices of mahr? The purpose of this research is to explain the fundamental concept of mahr in Islamic law, analyze the relevance of legal maxims in guiding its determination, and offer a normative evaluation of current mahr practices. This study employs a qualitative approach using library research, supported by descriptive analysis and content analysis. The sources include the Qur’an, Hadith, classical jurisprudential works from major schools of law, contemporary literature, and scholarly articles indexed in reputable international databases. The analysis systematically maps the core concept of mahr, examines relevant legal maxims such as al-ashlu fī al-ashyā’ al-ibāhah (permissibility as the default rule), al-ma‘rūf ‘urfan ka al-masyrūt syarthan (custom is akin to stipulation), al-musyāqqah tajlib al-taysīr (hardship begets ease), lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), and al-umūr bi maqāṣidihā (matters are judged by their objectives), and then relates them to contemporary trends in mahr practices. The findings reveal that mahr in Islam is inherently flexible, with no strict limitations on its form or value, as long as it reflects respect and does not cause harm. The legal maxims affirm that mahr may take material or non-material forms, depending on local customs and the welfare of the individuals involved. Excessive mahr is found to contradict the principle of lā ḍarar, while symbolic and non-material mahr are considered valid based on the maxim of original permissibility and the higher objectives of the Sharia, which emphasize ease and facilitation. This study concludes that a moderate and contextual approach to mahr is necessary to align contemporary practices with the maqāṣid al-sharī‘ah and the social realities of modern Muslim communities.

Keywords: Mahr (dower), Islamic Law, Islamic Legal Maxims