The Determination of Mahar by Customary Institutions in Batang Masumai District, Merangin Regency, from the Perspective of Islamic Law

Abstract

The determination of mahar by customary institutions remains significant because customary norms may intersect with the rights and autonomy of prospective spouses as well as the principles of Islamic family law. This study aims to analyze the customary determination of mahar in Batang Masumai District, Merangin Regency, and assess its conformity with Islamic law. The study employed a qualitative approach with an empirical legal research design. Data were collected through observation, interviews, and documentation involving customary leaders (ninik mamak), religious officers, KUA marriage officials, prospective married couples, and Islamic scholars. The findings indicate that customary institutions prescribe one mayam of gold (3.3 grams) for a bride who has never been married and 0.5 mayam of gold for a widow, based on considerations of equality, social balance, and customary continuity. However, several marriages did not comply with these provisions because of jurisdictional differences, limited knowledge of customary rules, or deliberate deviations associated with considerations of prestige and honor. The findings demonstrate that customary determination of mahar may function as a mechanism for maintaining social harmony and equality when its application is voluntary, fair, proportional, and consistent with Islamic legal principles. The study concludes that customary regulation of mahar should not undermine the rights and autonomy of prospective spouses. Accordingly, customary institutions should strengthen socialization and coordination with the KUA to ensure greater consistency between customary practices and Islamic family law. This study contributes to Islamic family law scholarship by clarifying the conditions under which customary mahar arrangements can coexist with Islamic legal principles while preserving individual marital rights.