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FATWA MUI SULAWESI SELATAN NO. 2 TAHUN 2022 TENTANG UANG PANAI
Uang panai is the giving of a sum of money or valuable goods by the prospective groom's side to the prospective bride's side through mutual agreement, intended as funds for the wedding reception. In Bugis-Makassar culture, uang panai symbolizes appreciation, respect, and the groom's sincerity in proposing to the woman. Historically, the practice of the uang panai tradition has undergone a rather long and complex history, leading to a shift in meaning and culture among the community due to the increasingly high amount of uang panai that must be given as a condition for marriage. Uang panai, which was once a symbol of appreciation and respect, has transformed into a symbol of the social and economic status of the woman's family, burdening the groom's side in proposing to the woman. Furthermore, the community's perception that uang panai is a mandatory condition in the marriage process causes its absence to potentially annul the marriage or render it invalid. This thesis aims to analyze Fatwa MUI of South Sulawesi No. 2 of 2022 concerning uang panai, including the background, reasons for its formation, the formation process, legal considerations, and the fatwa's decision. This is to provide legal clarity regarding the uang panai tradition, prevent practices that contradict Islamic teachings, and restore the true meaning of uang panai. This research is a descriptive-analytic field research that collects data and information related to the "uang panai" tradition and the Fatwa of the Indonesian Ulema Council (MUI) of South Sulawesi Number 2 of 2022 concerning "uang panai," and employs a normative approach. It utilizes the theory of legal interpretation and the Islamic epistemology theory of al-Jabiri. The data collection techniques in this study include primary data sourced from the appendix of the Fatwa of MUI South Sulawesi Number 2 of 2022 concerning "uang panai" and data obtained through direct interviews with the MUI of South Sulawesi province. Secondary data is derived from books, journal articles, and scientific works related to the "uang panai" tradition and the Fatwa of MUI South Sulawesi Number 2 of 2022 regarding "uang panai." The research findings indicate that: firstly, Fatwa of MUI South Sulawesi Number 2 of 2022 was motivated by the continuously increasing nominal amount of "uang panai" over time, which has become a heavy economic burden for prospective grooms and their families. This can hinder the realization of marriage and even become a cause of divorce. Furthermore, the widespread public perception that "uang panai" is a mandatory condition for marriage, more so than the dowry (mahar), such that its absence invalidates the marriage, raises concerns that this tradition contradicts Islamic principles and values such as facilitating marriage, justice, and the prohibition of extravagance. This Fatwa also aims to provide legal clarity regarding the "uang panai" tradition, prevent practices contrary to Islamic teachings (such as showing off and self-enrichment), and affirm that "uang panai" is not an absolute condition for the validity of marriage. Secondly, regarding the methodological construction in establishing Fatwa of MUI South Sulawesi Number 2 of 2022 concerning "uang panai," the MUI of South Sulawesi province refers to the regulations of the Indonesian Ulema Council (MUI) in the fatwa determination guidelines Number 12/PO-MUI/II/2018. According to these guidelines, the formulation of fatwas is based on dalil naqli, namely the main sources that guide Muslims: the Quran, Hadith, Ijma', Qiyas, and other mu’tabar (credible) evidence. Considering that the "uang panai" tradition is a legal object whose legal basis has not been determined among the scholars of the schools of thought (mazhab), the determination of the fatwa was formulated through collective ijtihad using bayani, ta’lili (Qiyasi, Istihsaniy, Ilhaqy, Istishlahi, and Sadd ad- Dzaraa’i), istislahy methods, as well as the legal determination methods (manhaj) guided by the mazhab. In addition, the formulation of the fatwa also uses other references in the form of dalil aqli (rational arguments), such as the constitution (UUD) and the Compilation of Islamic Law (KHI), which add intellectual richness and considerations in formulating the istinbath (deduction) of the fatwa concerning "uang panai." As for the result of the fatwa, the MUI affirms that the legal status of the "uang panai" tradition is mubah (permissible). The implementation of the "uang panai" tradition is allowed as long as it is not burdensome and does not contradict Islamic law..
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
FATWA MUI SULAWESI SELATAN NO. 2 TAHUN 2022 TENTANG UANG PANAI (Text)
FATWA MUI SULAWESI SELATAN NO. 2 TAHUN 2022 TENTANG UANG PANAI (Other)
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