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June 4, 2019Jurnal Penelitian Agama1 citations

Istinbath Hukum Mahar Non Materi (Jasa) Perspektif Imam Abu Hanifah Dan Imam Syafi’i.

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NHNur Hadi

Key Points

  • The research aims to explore the opinions of Imam Abu Hanifah and Imam Syafi'i on Non Material Dowry Law and their differing interpretations.
  • Literature review based on primary sources from the books of Imam Abu Hanifah and Imam Syafi'i.
  • Secondary sources include books of fiqh related to the topic.
  • Data analyzed using descriptive, deductive, inductive, and comparative methods.
  • Imam Hanafi limits the dowry to ten dirhams and prohibits Qur'anic teaching as dowry.
  • Imam Syafi'i allows various forms of dowry, like sewing clothes or Quran teaching, with no minimum limit.
  • Disagreements arise from differences in legal interpretation and enforcement practices.

Abstract

The research aims to find out the opinion of Imam Abu Hanifah and Imam Syafi'i and the similarities and also differences in determining the Non Material Dowry Law (services). This type of research is literature. The primary data sources are the books of the two priests, as well as the source of the secondary books of fiqh and books relating to research. The data was analyzed using descriptive, deductive, inductive, and comparative methods. The result: Disagreements between the two Imam madzhab were due to differences in law enforcement. Imam Hanafi in determining the status of Non Material Dowry Law (services) uses the surah al-Nisa '24, al-Baihaqi hadith and he put forward qiyas, that is limiting the dowry to at least ten dirhams, and dowry in the form of Qur'anic teaching to candidates of wife is unauthorized. Imam Syafi'i using the surah al-Nisa '24 and al-Bukhari's hadith, which does not limit the lowest dowry, such as sewing clothes or teaching Al-Quran to his wife and any benefits that are owned and lawful in price and having the value of simplicity at the dowry is preferred, he looked at the sunnah, that it is not excessive if it is legitimately used as a dowry, looking at zhahir verses and hadith. Keywords: Non-Material Dowry Law, Comparative Study.

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Cite This Study

Nur Hadi (2019) studied this question.

synapsesocial.com/papers/6a0ef4701c5e2d2319fa2501https://doi.org/10.24090/jpa.v20i1.2019.pp24-50
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