المهر بين العادات القبلية في جنوب أفغانستان والقانون المدني الأفغاني : دراسة فقهية تحليلية تنظيمية

Abstract

This research presents a critical analytical study of customary dowry practices within the tribal society of southern Afghanistan, evaluating these practices through both Islamic legal (Sharia) and civil law perspectives. The research problem lies in the predominance of tribal customs over the social framework, where these customs have transcended religious ordinances to become sacrosanct principles for which sacrifices are made, with the dowry system emerging as their most prominent manifestation. The research methodology is founded on three fundamental pillars: the inductive approach for surveying scientific material from Islamic jurisprudential sources and social studies, the comparative analytical method for deconstructing concepts and terminology while conducting theoretical comparisons, and field research based on in-depth interviews exploring societal perceptions regarding dowry discussions and their alignment with Islamic principles. The theoretical framework encompasses three principal axes: the first addresses the Islamic jurisprudential foundation of dowry and its rulings, the second examines customary practices pertaining to dowry in the southern Afghan context, and the third presents a comparative analysis of religious and legal safeguards complemented by selected judicial case studies. The study concludes that dowry inflation represents a disturbing social phenomenon leading to multiple adverse consequences, including financial strain on families, domestic violence, commodification of women, and reinforcement of economic servitude. The study proposes a comprehensive package of practical recommendations, including: establishing standardised dowry parameters, implementing awareness programs through religious institutions, conducting community dialogue forums, and providing legal consultations to families regarding matrimonial rights. This study's significance lies in addressing a profound societal issue where religious, legal, and social dimensions intersect, while presenting an integrative reformative vision that considers local contextual specificities and aims to achieve equilibrium between respecting cultural heritage and adherence to Islamic legal principles.