Memorization Of Surah In The Qur'an Which Is Used As Dowry In Marriage According To The Views Of The Hanafi School And The Shafi'i School

Sarmila Sarmila, Ahdiyatul Hidayah, Andhika Permana

Abstract


Dowry is one of the important pillars in the marriage contract in Islam which must be given by the husband to his wife as a form of appreciation and seriousness in building a household. In the practice of Muslim society, including in Indonesia, there is a phenomenon of giving dowry in non-material form, one of which is in the form of memorizing surah or verses of the Quran. This article aims to examine the validity of dowry in the form of memorization of the Qur'an according to the perspective of two dominant schools of fiqh, namely the Hanafi School and the Shafi'i School. This research uses a qualitative approach with the library research method, which analyzes primary sources from classical and contemporary fiqh books, as well as the views of scholars of the two schools related to the topic. The results of the study show that according to the Hanafi School, dowry must have a property value (māl) and can be used as an object of transaction, so that memorization of the Qur'an that does not have material value is not valid as a dowry. On the other hand, the Shafi'i school is more flexible by allowing non-material dowry as long as there is a value of benefits obtained by the wife, including memorizing the Qur'an taught to the wife. This article also discusses the legal implications of this practice in the context of marriage in Indonesia, where the majority adhere to the Shafi'i School. This research is expected to contribute to a deeper understanding of the flexibility of Islamic law in responding to the social and cultural practices of contemporary Muslim society.

Keywords


Mahar, Qur'an Memorization, Wedding, Hanafi School, Shafi'i School

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DOI: https://doi.org/10.15548/ijt.v41i2.723

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