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The Concept of Dowry According to Imam Al
Qurthubi in Tafsir Al Jami' Li Ahkamil Quran (Tafsir
Analysis of QS An Nisa Verse 4)
Dian Mustika Amilia
a, 1
, Ahmad Zuhri
b, 2
a, b
North Sumatra State Islamic University, Medan, Indonesia
Corresponding Author: dianmustikaamilia@gmail.com
ARTICLE INFO
ABSTRACT
Article History:
Accepted: 17 Maret 2024
Revised: 29 April 2024
Approved: 18 Juni 2024
Available Online: 1 Juli 2024
The concept of dowry as a man's obligation to give to a woman allows for
opportunities to be criticized, even denied, because it will only be aimed at
appearing inferior on one side and superior on the other. So, looking at the
concept of dowry from the perspective of the Koran confirms that the
concept of the Koran applies in any society and anywhere without looking
at the materialistic context. This research uses this method of library
research. This research also uses the ijmali method. The ijmali method is a
method in which the meaning of the verse is explained concisely and
globally but quite clearly. Therefore, researchers used this research based
on primary data as the main data in this research, namely Tafsir Al Jami'li
Ahkamil Quran by Imam Alqurthubi. The dowry is only given by the
prospective husband to the prospective wife, not to other women or anyone
else, even if they are very close to her. Other people are not allowed to take
it, even the husband himself cannot take it except with his wife's
permission. However, if his wife allows it, there is no obstacle for him to
wear it. According to Imam Al-Qurthubi, dowry is an absolute right that the
prospective wife has. He said that giving a dowry is an obligation in Islam,
and the husband must give it voluntarily and is part of the marriage contract
process. A dowry is a mandatory gift given by a prospective husband to a
prospective wife as a form of a husband's sincerity and sincerity towards
his wife to create feelings of love from both of them. The form of dowry
given to women is in the form of goods or services. Religion also does not
determine the maximum or minimum amount of dowry that a prospective
husband must give to his wife. Therefore, due to differences in a man's
ability to give the dowry.
©2024, Dian Mustika Amilia, Ahmad Zuhri
This is an open access article under CC BY -SA license
Keywords:
Justice
Humanity
An-Nisa verse 58
1. Introduction
In the Qur'an it has been explained that marriage can also bring peace in a person's life
(litaskunu ilaiha). This means that marriage is actually not only a means of channeling sexual
needs, but more than that, marriage also promises a peaceful life for humans where every human
being can build a world paradise within it. All of these things will happen if the marriage is truly
carried out in a way that is in accordance with the path established by Islam (Shamad, 2017).
Nikah means to collect or collect. One effort to channel the sexual instincts of husband and wife
in the household as well as a means of producing offspring that can ensure the continuity of
human existence on earth. The existence of marriage is in line with the birth of humans on earth
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and is a human nature given by Allah SWT to His servants. Therefore, in the following brief
discussion we will explain globally the concept of marriage in the Koran and how Muslims
develop concepts to maintain and perpetuate these marriages as stated in their current legislation
(Nurhayati, 2011).
When we talk about marriage, we can look at it from two sides. Marriage is a religious
order. Meanwhile, on the other hand, it is the only way to channel sex that is legalized by religion.
From this point of view, when people get married at the same time they not only have the desire
to fulfill their biological needs which by nature must be channeled. Like other needs in life,
biological needs must also be met. The Islamic religion has also determined that the only way to
fulfill human biological needs is only through marriage. Marriage is a very interesting thing if
we look more closely at the meaning of this marriage issue (Shamad, 2017). Dowry was also
known during the Jahiliyah era, long before Islam came. However, dowry before the arrival of
Islam was not intended for the future wife, but for the father or close male relatives of the wife.
The concept of marriage according to various forms of dowry law itself was according to the
customs of that time, the same as buying and selling transactions, namely those where buying
and selling is between the prospective male husband as the buyer and the father or parents or
close male family of the prospective female wife as the owner. goods seller. In Indonesian terms,
dowry can be equated with the word dowry. The dowry is also a symbol of the groom's love and
affection for the bride. The dowry is also a sign of the bride's willingness to become the groom's
wife. And at that time, the bride's guardian or grandfather considered the dowry to be a form of
reward given to them because this was a form of them looking after or taking care of the woman.
Therefore, the dowry becomes the right of the woman's parents or owner. And this is also said
to be a buying and selling transaction between men and women (Halimah B, 2017).
In the past, marriage also required a dowry. The dowry is like a purchasing tool from the
prospective groom. During the period of ignorance, women's rights were squandered or even
eliminated so that their guardians could arbitrarily use their property and not give them the
freedom to manage and use their property. After Islam came, these shackles disappeared and
women were given their rights in the form of a dowry (Ferdian, 2021). The dowry is not a
payment price or a substitute for exchange value for the woman to be married. Dowry is part of
a man's seriousness towards his future husband and the future wife he is going to marry. The
dowry also functions as a sign to prove the sincerity of the intention from the heart of the
prospective husband to the prospective wife to start building a family life with the prospective
wife, which is aimed at the beginning of the marriage by voluntarily showing the husband's
willingness to give some of his little wealth to the prospective wife (Irawan, 2019). The concept
of dowry as a man's obligation to give to a woman allows for opportunities to be criticized, even
denied, because it will only be aimed at appearing inferior on one side and superior on the other.
So, looking at the concept of dowry from the perspective of the Koran confirms that the concept
of the Koran applies in any society and anywhere without looking at the materialistic context
(Abd. Kafi, 2020) .
2. Method
This research uses the method of library research. This research also uses the ijmali method.
The ijmali method is a method in which the meaning of the verse is explained concisely and
globally but quite clearly. Therefore, the researcher used this research based on primary data as
the main data in this research, namely Tafsir Al Jami'li Ahkamil Quran by Imam Alqurthubi
(Moleong, 2016).
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3. Results and Discussion
Etymologically, dowry is dowry. In terms of terminology, it is an obligatory gift from the
prospective husband to the wife as a sincerity of the future husband's heart to create a feeling of
love for a wife towards her future husband. Or a gift that is required for a prospective husband
to a prospective wife, whether in the form of objects or services (freeing, teaching, etc.) (Kohar,
2020). The dowry is only given by the prospective husband to the prospective wife, not to other
women or anyone else, even if they are very close to her. Other people are not allowed to take it,
even the husband himself cannot take it except with his wife's permission. However, if his wife
allows it, there is no obstacle for him to wear it. This is explained in the Koran.
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And give the women their dowry as a gift, so if they are kind to you (willing in their
hearts) regarding something you have given them, you will also eat the wealth happily.
(QS an-Nisa [4]: 4).
The word shadaq or shaduqat which is from the family of words shidiq, shadaq, is also
branched with the well-known word sadaqah. In its meaning there is an honest feeling, a white
heart. So the meaning is a treasure that is given with a white heart, a pure heart, a clear face to
the prospective wife he is going to marry. The deeper meaning is that the dowry is like a seal,
that the marriage has been sealed. In Arabic, the term dowry is rarely used. Fiqh experts often
use the word "shidaq" in their fuqah books. On the other hand, in Indonesia the terms that are
often used are dowry and dowry. The scholars stated that there is no fundamental difference
between including ash-sidaq and regarding al-mahar. There is an opinion that emphasizes that
shadaq is something that is mandatory because of marriage, such as wathi' seubhat, breast-
feeding, and taking testimony.
According to Ibn Qayyim, the terms dowry and shidaq do not differ in function if what is
meant is a gift from the groom to the bride in a marriage. Only the term dowry is used for
marriage, while the term shidaq can be used in matters other than marriage, because the term is
general, such as obligatory shadaqah and sunnah shadaqah/obligatory shadaqah are paying zakat
and paying dowry. According to Imam Alqurthubi, dowry is an absolute right that the prospective
wife has. He said that giving a dowry is an obligation in Islam, and the husband must give it
voluntarily and is part of the marriage contract process.
Various types of dowry/ dowry
All scholars have agreed that paying the dowry is obligatory. Meanwhile, the types of
dowry can be divided into two, namely: Musamma Mahar and Mitsil Mahar.
1. Musamma's dowry
Musamma's dowry is a dowry whose form and amount are clearly defined in the contract
agreement. This type of dowry is further divided into two, namely:
• First, Musamma Mu'ajjal's dowry, namely the dowry that the prospective husband
immediately gives to his future wife. Hastening the payment of the dowry is a sunnah
thing in Islam.
• Second, Musamma Ghair Mu'ajjal's dowry, namely the dowry whose form and amount
have been determined, but the payment has been suspended.
With regard to the payment of dowry, it is obligatory if dukhul has occurred. Ulama'
agree that paying the dowry is obligatory if you are in seclusion (lonely/together) and also have
dukhul. Paying the dowry if dukhul has occurred is mandatory, so if it has not been paid it is
considered a debt. However, if the wife is willing to accept her dowry which has not been paid
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by her husband. While her husband has died, his heirs are not obliged to pay her dowry. If the
wife is unwilling, then the dowry payment is taken from her inheritance by her heirs. If a divorce
occurs before dukhul occurs, while the form and amount have been determined in the contract,
then the dowry must be paid only half of what was specified in the dowry.
2. Mitsil's dowry
Mitsil dowry is a dowry whose amount and form is according to the amount and form
usually accepted by the wife's family because it is not previously determined in the marriage
contract. Imam Malik explains the verse that a man can choose one of the three possibilities.
• The first possibility is that a husband does not need to pay a dowry to his wife.
• The second possibility is that the husband pays her mitsil dowry.
• The third possibility, choosing to pay the bride price is a decision that is considered
fairer and wiser because it is adjusted to the husband's capabilities and the amount
usually received by the wife's family.
Imam Alqurthubi's opinion in Tafsir Al Jami' Li Ahkamil Quran
This verse explains not to take and interfere with your woman's dowry. If it is taken,
return the dowry because it is the woman's right. As for the asbabun nuzul of this verse about
syighar marriage (where in this marriage there is an exchange between a man and a woman
without a dowry) therefore they are ordered to pay the dowry. Based on this verse, it is obligatory
for men to give a dowry to the woman they want to marry. This also includes the opinion (ijma)
of the scholars, no one of whom has a different opinion on this matter. Then the ulama also do
not set a maximum dowry, but differ in opinion if the dowry is small.
In the word
, which means ''gift''. The meaning is that I gave (something) to that person
and the dowry was given by Allah SWT to that woman. Another opinion says that it is a voluntary
gift that comes from her husband's generosity without any coercion.
"Then if they hand over to you part of the dowry with pleasure." In this verse it is addressed to
husbands This verse states that a wife, whether she is a girl or a widow, gives her dowry to her
husband it is permissible and this opinion is included in the jumhur fuqara. Asbabun nuzul in
this verse, there used to be a people who insisted on asking for their child's dowry back. The
scholars agree that if a wife gives her dowry to her husband with pleasure, it is legal and does
not need to be returned. If the wife asks for it again without being willing, then it is a form of
innuendo regarding the dowry being halal and halal.
If a woman requires her husband at the time of the marriage contract that he must not
marry another woman and then she reduces the dowry of the husband she is going to marry, after
which the husband marries again, then he is not obliged to comply with what his wife requires.
Because the husband gives a dowry according to the applicable standards or more, then he
remarries, then the excess dowry does not have to be paid, but if the wife does not require this
and she reduces the dowry, then he (husband) remarries with the same dowry (without reducing
) then he is obliged to pay the remaining dowry to the first wife, because the husband imposed a
condition on himself and made it a guarantee (compensation) which must be paid, and he is
obliged to fulfill this condition. The meaning that I can conclude is that when a husband wants
to remarry he must reduce the second wife's dowry to the first wife.
This verse shows that freeing slaves is not a form of dowry, because it does not take the
form of property. If so, it is impossible for a wife to give it away and it is impossible for a husband
to eat it. In this verse,
does not mean eating, but making all means lawful. If the wife does
good by giving something to her husband for obedience without coercion, then the leader will
not be sanctioned, and Allah will not make it a sin in the afterlife. The meaning of this sentence
that I can take away is that there is no compulsion for a man to give a large dowry, such as if he
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objects to giving 1 dirham but he can only give honey, then the honey is drunk with rainwater so
it is even tastier and the benefits are better.
Determination of the amount of dowry according to Imam Alqurhubi
Imam Alqurthubi Al-Qurthubi quoted from at thahawi, Ath - Thahawi, one of the basics
that needs to be agreed upon is that if a man pays another person to teach a certain surah from
the Koran, the Koran with dirhams, then this is not justified because the form of wages is wages.
it is only allowed in two forms, namely by doing something like sewing clothes or something
similar, or working for a certain time (Firdausia, 2024: 105). Meanwhile, paying teachers to teach
the Koran is not included in that category. The Koran is not included in that category. Therefore,
paying someone to teach is sometimes understood in the form of teaching a little or a lot and a
little or a lot of time. Likewise, if he sells his house so that the person teaches him a surah, then
this is not justified because this is not included in the meaning of wages. And if the teaching does
not have benefits or is something in the form of real assets then based on the text (teaching the
Koran) it is not categorized as goods (Firdausia, 2024: 105).
Meanwhile, Al-Qurthubi concluded that dowry in the form of teaching the Koran was
permissible. This is based on the understanding that if a property is liked, desired and useful,
then all of it is permitted. Because benefits are also contained in rent (wages), then dowry in the
form of teaching the Koran also has benefits in it (Firdausia, 2024: 105). Because of this, Al-
Qurthubi said that the ulama allow things like the above to be argued with the Hadith of Sahal
bin Sa'id. Where they argued, the proposition "This proposition shows the validity of a marriage
and the permissibility of terminating the dowry, namely teaching." Al-Qurthubi added that
additional dowry or lack of it is permissible if it is approved after fulfilling this obligation,
namely the woman's (wife's) willingness not to accept her dowry or the man's (husband's)
willingness to accept her dowry if he divorces her before having sex with her (Firdausia,
2024:105).
4. Conclusion
A dowry is a mandatory gift given by a prospective husband to a prospective wife as a
form of a husband's sincerity and sincerity towards his wife to create feelings of love from both
of them. The form of dowry given to women is in the form of goods or services. Religion also
does not determine the maximum or minimum amount of dowry that a prospective husband must
give to his wife. Therefore, due to differences in a man's ability to give the dowry.
5. References
Abd. Kafi. (2020). MARRIAGE DOWRY IN THE VIEW OF ISLAMIC LEGAL AND
EDUCATION . Paramurobi Journal , 1 .
Abd. Kohar. (nd). THE POSITION AND WISDOM OF THE DOWRY IN MARRIAGE .
ASRI FIRDAUSIA. (2024). MEMORIZING THE QURAN AS A DOWRY FROM A MUFASIR'S
PERSPECTIVE . AR-RANIRY STATE ISLAMIC UNIVERSITY.
Ferdian, E. (2021). LIMITATION OF THE AMOUNT OF DOWRY (DOWER) IN ISLAMIC
VIEW AND POSITIVE LAW . JAS: Ahwal Syakhshiyyah Scientific Journal , 3 .
http://riset.unisma.ac.id/index.php/fai/index
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ISSN: 1907-2341 (Print), ISSN: 2685-4031 (Online)
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Halimah B. (2017). THE CONCEPT OF DOWRY (DOWRY) IN CONTEMPORARY
INTERPRETATION (Vol. 6, Issue 2).
http://umexpert.um.edu.my/file/publication/00002815_95293-pdf.
Ibnu Irawan, J. (2019). DOWRY TO MEMORIZE THE QUR'AN FROM AN ISLAMIC
LEGAL PERSPECTIVE . PALITA: Journal of Social-Religion Research , Vol 4, No.2 .
Muhammad Yunus Shamad. (2017). MARRIAGE LAW IN ISLAM . ISTIQRA ' , Volume V.
Nurhayati, A. (2011). MARRIAGE FROM THE ALQURAN'S PERSPECTIVE . In ASAS (Vol. 3,
Issue 1).
