Religious Concerns of Dowry and Marriage Gifts Regarding Determination of their Limits: Study of Malaysian law

Authors

  • Ahmad Haziq Haikal Kamal MS Scholar, Department of Fiqh and Usul Fiqh, International Islamic University, Malaysia.
  • Miszairi Sitiris Associate Professor, Department of Fiqh and Usul al-Fiqh, International Islamic University, Malaysia.
  • Mohamad Afiq Razali MS Scholar, International Institute of Halal Research And Training, Kuala Lumpur, Malaysia.

DOI:

https://doi.org/10.53583/jrss04.0102.2021

Keywords:

Dowry, Gift Money, Islamic Law, Legislative, Islamic Jurisprudence, Malaysia

Abstract

In 2010, the Islamic religious department of a state in Malaysia issued a fatwa, which ruled that the dowry rate in the state would be regulated at a minimum value of RM300, with no indication of a maximum amount. In this instance, the community appears to be more concerned with the function of the provision of gift money, which is used solely to fund wedding expenses, rather than with the potential of dowry, which plays a more significant role for women. While this research does not challenge the fatwa’s decision, it does attempt to elucidate the issue of determining the minimum dowry rates from the perspective of fiqh and the Islamic Religious Administration Enactment. The library technique and inductive reasoning are by far the most often used ways of data collection by the author. On the whole, dowry has no specific limit while there are opinions of scholars on this, the setting of this dowry restriction, in particular, was never specified by Islām. People in the community misinterpret the meaning of the minimum and maximum limits, which leads to the low dowry and the high importance given to the provision of gift money.

Author Biographies

Miszairi Sitiris, Associate Professor, Department of Fiqh and Usul al-Fiqh, International Islamic University, Malaysia.

Dr. Miszairi Sitiris was granted as new deputy mufti of Selangor this 2021 and is also an Associate Professor in the Department of Fiqh and Usul Al-Fiqh at the Kulliyyah of Islamic Revealed Knowledge and Human Sciences (IRKHS), International Islamic University Malaysia (IIUM). He joined the university in June 1996. He holds a bachelor’s degree in Fiqh and Usul Al-Fiqh (1996) and a second bachelor’s degree in Psychology (1997) from the International Islamic University Malaysia. He then pursued his master’s degree and Ph.D. in Fiqh and Usul Al-Fiqh at the same university, graduated in 2002 and 2008 respectively. He also holds a Postgraduate Diploma in Law and Administration of Islamic Judiciary (DAIJ) (2010) from Harun M. Hashim Law Centre, International Islamic University Malaysia. He served as an Academic Advisor, Department of Fiqh and Usul Al-Fiqh in 2009, and then as Coordinator Student Affairs (IRK Division) in 2010, Covering Deputy Dean (Student Affairs) in 2011 before he had been appointed as the Deputy Dean Student Affairs in the Kulliyyah of IRKHS until 2014. In 2019 he was appointed as the Coordinator for Bachelor in Halal Industry Management (BAHIM) program. Currently, he serves the Head Department of Fiqh and Usul Al-Fiqh and is a member of the Academic Disciplinary Committee in the Kulliyyah. His area of research interest includes Religious Studies, Islamic Family Law, and Islamic Banking and Finance. He was a member of the Shariah Committee of Bank Pembangunan Malaysia Berhad (BPMB) from 1st October 2008 until 31st March 2021 and since April 2021 he is joining KAF Investment Band Berhad as one of the Shariah Committee members. He is also a member of the Association of Shariah Advisors in Islamic Finance (ASAS) since 2015. 

Mohamad Afiq Razali, MS Scholar, International Institute of Halal Research And Training, Kuala Lumpur, Malaysia.

Mohamad Afiq bin Razali is a graduate of International Islamic University Malaysia in Islamic Revealed Knowledge and Heritage, specializing in Fiqh and Usul al-Fiqh, and recently received his Master's Degree in Halal Industry Management from the International Institute for Halal Research and Training. His research interests include Religious Studies, Islamic Law related to the Fundamentals of Halal and Haram, Halal laws, Maqasid al-Shari'ah, and Muslim-friendly environments. 

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Published

2021-12-31

How to Cite

Kamal, A. H. H., Sitiris, M., & Razali, M. A. (2021). Religious Concerns of Dowry and Marriage Gifts Regarding Determination of their Limits: Study of Malaysian law. Journal of Religious and Social Studies, 1(02 Jul-Dec), 37–50. https://doi.org/10.53583/jrss04.0102.2021