Jasa sebagai Mahar Pernikahan dalam Perspektif Empat Mazhab

Services as a Wedding Dowry in the Perspective of the Four Schools of Thought

Abstract

This study aims to find out the views of the school's scholars about services as a marriage dowry by comparing opinions and expressing differences and similarities of opinion of the four schools of thought. The problems raised in this research; First, how is the concept of service as a marriage dowry in the view of the four schools of thought. Second, what are the similarities and differences in views on merit as a marriage dowry according to the four schools of thought. This study uses library research using the normative juridical approach and the comparative approach. The research results found are as follows; First, the Maliki, Syafii and Hambali scholars generally allow services as a dowry or as a result of wages from services. As for the Hanafi school of thought, the dowry must be in the form of property, while the law of origin of the benefits of services cannot be equated with wealth. Second, the four schools agreed to make the marriage contract valid even though the Hanafi school required the husband to replace it with a Misil dowry. The difference of opinion between these four schools of thought lies in the dowry in the form of teaching the Qur'an. The Maliki, Shafi'i and Hambali scholars allow it while the Hanafi school of law forbids it.