PENARAPAN MAHAR MITSIL DALAM PRESPEKTIF KOMPILASI HUKUM ISLAM

Mahr is an obligation in Islamic marriage that functions as the wife’s economic right. In practice, marriages conducted without a specified mahr or disputes regarding mahr often lead to the application of mahr mithl. This study aims to analyze the application of mahr mithl from the perspective of Indonesian fiqh. The research employs a normative legal method with conceptual and statutory approaches, examining Islamic jurisprudence, hadith, and the Compilation of Islamic Law (KHI). The findings show that mahr mithl serves as a corrective mechanism when the mahr is not determined or cannot be legally proven, without affecting the validity of the marriage contract. In the Indonesian context, mahr mithl obtains normative legitimacy through the KHI and is applied contextually in religious court practice by considering propriety, customary practices, and the socio-economic conditions of the parties. Thus, mahr mithl functions as an instrument for protecting the wife’s economic rights within Indonesian Islamic family law.
Keywords: mahr mithl, Compilation of Islamic Law.