Praktik penarikan mahar dalam prespektif Hukum Islam : studi kasus di Desa Plumpang Kecamatan Plumpang Kabupaten Tuban

Mufida, Nafisatul (2022) Praktik penarikan mahar dalam prespektif Hukum Islam : studi kasus di Desa Plumpang Kecamatan Plumpang Kabupaten Tuban. Undergraduate (S1) thesis, Universitas Islam Negeri Walisongo Semarang.

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Abstract

In marriage, it is not only carried out with procedures or regulations in accordance with religious provisions. One of the most important things in a marriage is the dowry. The dowry and offerings are brought to the bride's house at the time of the wedding. Every husband and wife basically wants their marriage bond to last forever, but there are several things that cause the breakup of the marriage bond, even though they have struggled to maintain the integrity of their household. the dowry that had been given to his ex-wife who was divorced then her ex-husband asked for the dowry to be returned. The problem examined in this thesis is how is the practice of dowry withdrawal in Plumpang Village? And what about the review of Islamic law regarding the collection of dowries in Plumpang Village?
This research method is a type of field research (field research). The legal materials used are primary, secondary and tertiary law. Data collection techniques used are interviews and documentation. And the data analysis method used is descriptive analysis method.
The results showed that the practice of withdrawing dowry after the divorce in Plumpang Village was a habit that had been carried out from ancient times, not all people did this dowry withdrawal. The process of withdrawing the dowry is by way of kinship and deliberation, from the husband's family to the wife's family and dividing the dowry and offerings. In the Compilation of Islamic Law article 35 paragraph 1 it is stated that if a husband who has divorced his wife qobla dukhul is obliged to pay half the dowry that has been determined in the marriage contract. And according to Imam Abu Hanifah, he is of the opinion that a wife who has not had intercourse has the right to get a dowry for mitsil and inheritance, Imam Malik said that a husband who has not had intercourse with his wife has the right to get mut'ah. While offerings are different from dowries, offerings here are equated with conditional gifts, if the conditions are not met, the gifts may be requested again. Seeing such practices, it can be concluded that the existing practices in Plumpang Village should not be carried out because they are contrary to the Islamic propositions.

Item Type: Thesis (Undergraduate (S1))
Uncontrolled Keywords: Hukum Islam; mahar, perkawinan
Subjects: 200 Religion (Class here Comparative religion) > 290 Other religions > 297 Islam and religions originating in it > 297.5 Islamic ethics, practice > 297.57 Religious experience, life, practice > 297.577 Marriage and family life
Divisions: Fakultas Syariah dan Hukum > 74230 - Hukum Keluarga Islam (Ahwal al-Syakhsiyyah)
Depositing User: Bahrul Ulumi
Date Deposited: 25 Feb 2023 07:24
Last Modified: 25 Feb 2023 07:24
URI: https://eprints.walisongo.ac.id/id/eprint/19283

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