MAHAR SEBAGAI PATOKAN NAFKAH WAJIB SUAMI KEPADA ISTRI DALAM PERSPEKTIF HUKUM ISLAM

(Studi di Desa Kurau Kecamatan Kurau Kabupaten Tanah Laut)

Abstract

Dowry is a gift from the prospective husband to the prospective wife with marriage. The size of the dowry to be given by the prospective husband to his future wife is determined by the agreement of both parties in order to maintain the willingness and sincerity between the two. After a valid marriage, obligations arise between husband and wife. Among the obligations of the husband towards his wife is to provide nafkah. Nafkah is the husband's obligation to his wife in the form of material, because the word nafkah itself has a material connotation. Some people in Kurau sub-district believe that the amount of nafkah must be the same as the amount of dowry, namely if the dowry given is 100 thousand rupiah, then the husband is obliged to provide nafkah 100 thousand rupiah per day to his wife. If it is not sufficient, it will be considered a debt that must be paid or replaced at a later date. The custom of the Kurau sub-district community that requires husbands to provide maintenance in accordance with the amount of mahr mentioned during the marriage contract has become an inherent culture for some of its residents. However, there is no textual evidence to support this. In addition to the textual evidence, there is also no opinion from the madhhab scholars that justifies it. Therefore, the opinion that requires the husband to provide daily maintenance in accordance with the amount of the mahr is not in line with Islamic teachings. The level of maintenance in Islam is in accordance with the husband's ability, there is no obligation that exceeds his ability.