Tuesday, November 17, 2009

Mahar

Mahar (mahr, marriage gold) is a gift given by the bride-groom to bride, formed good, money or service as long as uncontrovene Islamic Law. Mahar is regulated in Compilation of Islamic Law article 30-38.

Bride-groom obligate to pay mahar to bride. Amount, form and kind of mahar are based on agreement of both sides. Islam urge to certain mahar based on simple and easy principle.

Usually bride-groom gives a series of sholat tool as mahar, or money adapted with special date for instance date of marriage. Indonesians are not care about cost of mahar, cheap or expensive. They prefer to special or sentimental things , memorable mahar. Although very cheap as for content memorabilia, they will take it. On the contrary, although expensive as long as content memorabilia, they will take it too.

That’s why Yenny Wahid, daughter of ex-President of Indonesia Abdurrahman Wahid, got 10 cows as mahar from her husband. Cow as mahar is uncommon in Indonesia today. In a press conference after married, the couple said that beside unique, the reason of choice of mahar form was reanimate their ancestors tradition.

Mahar is given to bride directly, and it become her personal right sence then. It is handed in cash, but it can delayed all or partly as long as bride agree. Delayed mahar become bride-groom’s debt.

Is marriage valid if there negligence of mention kind and amount of mahar at akad nikah?Obligation to give away mahar is not rukun nikah. So that negligence of mention kind and amount of mahar is not result in void of marriage. And existance mahar debt is not reduce validity of marriage.

How about bride and mahar if the marriage break is?Breaking of marriage is caused by talak (divorce) and death. If a husband divorce his wife qobla al dukhul (without touch his wife), so that he obligate to pay ½ from mahar certained in akad nikah (look Quran 2:237). And if husband dead qobla al dukhul, so that all certained mahar become wife’s right.

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