Maskahwin dan Pemberian PDF

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Maskahwin dan Pemberian Mahar is considered to be essential in a marriage though it will not affect the validity of a marriage. It is the payment due to the woman from the husband in consideration of the marriage. The mahar is payable as a gift to the bride and not to the bride’s father. Mahar is not necessarily in the form of money or cash but in any form of valuables such as plantation, land, property, jewelry etc. Mahar maybe paid in cash or even deferred as long as it is agreeable by the parties. S2 of IFLA 1984 defines maskahwin as “The obligatory marriage payment due under Hukum Shara’ by the husband to the wife at the time the marriage is solemnized, whether in the form of money actually paid or acknowledged as a debt with or without security or in the form of something that, according to Hukum Shara’, incapable of being valued in terms of money. It is the malay term of Mahr or dower”. A husband cannot take back whatever he has given to his wife as mahar except if the wife wishes to have divorce by means of khulu’. If the husband failed to settle the payment of a deferred mahar until divorce happen, the wife’s entitlement shall stands until be paid in full by the ex-husband Holy Quran: Surah An-Nisa 4:4 stated to the effect that “Give to the women (whom you marry) their bridal-due (mahr) willingly and for good (i. e. without expecting a return); however, if of their own accord, they remit any part of it to you, then you are welcome to enjoy it gladly.” Surah An-Nisa 4:24 provides that “And (also forbidden to you are) all married women, save those (captives) whom your right hands possess (and whose ties with their husbands have practically been cut off). This is God's decree, binding upon you. Lawful for you are all beyond those mentioned, that you may seek, offering them of your wealth, taking them in sound chastity (i. e. in marriage), and not in licentiousness. And whomever of them you seek to enjoy in marriage (under these conditions), give them their bridal-due as a duty. But there is no blame on you for what you do by mutual agreement after the duty (has been done).” Hadith The Prophet (PBUH) once said: “There is no marriage except with the permission of guardian and payment of dower and two reliable witnesses.” Abu Salama b. 'Abd al-Rahman reported: I asked Aishah, the wife of the Prophet (PBUH): What is the amount of dower of Prophet? She said: It was twelve 'uqiyas and one nash. She said: Do you know what is al-nash? I said: No. She said: It is half of uqiya, and it amounts to five hundred dirhams, and that was the dower given by the Prophet (PBUH) to his wives Sahl bin Sa'd As-Sa'idi narrated that: A woman came to the Messenger of Allah and said: “I present myself to you (for marriage).” So she stood for a long time. Then a man said: “O Messenger of Allah! Marry her to me if you have no need of her.” So the Prophet said: “Do you have anything to give her as a dowry?” He said: “I have nothing except this garment.” So the Messenger of Allah said: “If you give her your garment then you will have no garment, so search for something.” He said: “I did not find anything.” The Messenger of Allah said: “Search for something, even if it just an iron

ring.” He said: So he searched but he did not find anything. The Messenger of Allah said: “Do you have any Qur'an (memorized)?” He said: “Yes. This Surat and that Surat.” And he named the Surat. So the Messenger of Allah said: “I marry her to you for what you have (memorized) of the Qur'an.” Amount of maskahwin Under the Muslim Law there is no fixed legal minimum for the maskahwin, but it has to be proportionate to her situation and position in life. Anything that is lawful to give as a price is lawful to give as a dowry, regardless how little it may be. There is also no maximum limit for dowry. It would also be valid as a dowry to teach the bride how to read the Qur'an. However, in Malaysia the minimum rate is prescribed according to the Islamic Family Law Act or Enacments for each state. According to S 21 of IFLA, the maskahwin shall ordinarily be paid by the man or his representative to the woman or her representative in the presence of the person solemnising the marriage and at least two other witnesses. Under S 57 of IFLA, it is stated that nothing contained in IFLA shall affect any right that a married woman may have under Hukum Syara' to her mas kahwin and pemberian or any part thereof on the dissolution of her marriage. s.21, Islamic Family Law (FT) Act 1984 1.

The mas kahwin shall ordinarily be paid by the man or his representative to the woman or her representative in the presence of the person solemnizing the marriage and at least two other witnesses.

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The Registrar shall, in respect of every marriage to be registered by him, ascertain and record—

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the value and other particulars of the mas kahwin;

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the value and other particulars of any pemberian;

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the value and other particulars of any part of the mas kahwin or pemberian or both that was promised but not paid at the time of the solemnization of the marriage, and the promised date of payment; and

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particulars of any security given for the payment of any mas kahwin or pemberian. Cases: In Janat v Sheikh Khunda Baksh, the court held that the husband must pay mahr in money and only by the wife's consent, can substitute it with articles. In Abdul Kadir v. Fatimah, the wife claimed payment of her maskahwin of RM24 which she said has not been paid. The Qadhi gave judgment in favour of her. In Shaari v. Teh, the plaintiff applied for an order that the defendant, his wife should resume cohabitation with him. The defendant in answer to the claim said she was willing to go back to her husband if he paid the maskahwin of RM300 and the arrears of maintenance for 16 months. The Qadhi ordered the husband to pay the maskahwin and maintenance accordingly and ordered the wife to return to the husband. In Noor Bee v Ahmad Sanusi, the court ordered the husband to pay RM522 to the wife as maintenance and if not, it will become a debt due from the husband to the wife.

Pemberian Under S2 of IFLA, Pemberian is defined as a gift whether in the form of money or things given by a husband to a wife at the time of the marriage....