The Role of Mahr in Ensuring Financial Security for MuslimWomen
(Dr.Hafiz Muhammad Abid Noman)
Education Director: Islamic Academy, Plano
Abstract
MAHR OR HAQ MAHR, COMMONLY KNOWN AS THE DOWRY, IS A FUNDAMENTAL ASPECT OF ISLAMIC MARRIAGE THAT SERVES AS A FINANCIAL SAFEGUARD FOR THE WIFE. THIS ARTICLE PROVIDES A COMPREHENSIVE ANALYSIS OF HAQ MEHAR IN ISLAMIC LAW, DELVING INTO ITS SIGNIFICANCE, REFERENCES IN THE QURAN AND HADITH, AND THE DIFFERENCES AND SIMILARITIES AMONG THE FOUR SCHOOLS OF THOUGHT: HANAFI, MALIKI, SHAFI’I, AND HANBALI. ALTHOUGH ALL FOUR SCHOOLS OF THOUGHT RECOGNIZE THE HUSBAND’S OBLIGATION TO PAY HAQ MEHAR TO HIS WIFE AT THE TIME OF MARRIAGE, THEY DIFFER ON THE AMOUNT AND TIMING OF PAYMENT. THE HANAFI AND MALIKI SCHOOLS VIEW HAQ MEHAR AS A DEBT THAT IS IMMEDIATELY DUE AND PAYABLE, WHILE THE SHAFI’I SCHOOL CONSIDERS IT AS A GIFT DUE UPON THE DISSOLUTION OF THE MARRIAGE. THE HANBALI SCHOOL REGARDS HAQ MEHAR AS A GIFT DUE UPON THE CONSUMMATION OF THE MARRIAGE. THIS ARTICLE CONCLUDES BY EXPLORING THE NUANCES OF THE INTERPRETATIONS OF HAQ MEHAR WITHIN THE DIFFERENT SCHOOLS OF THOUGHT AND THEIR IMPLICATIONS FOR CONTEMPORARY MUSLIM SOCIETIES.
Keywords: Marriage, Islam, Haq Mehar, Mahr, dowry, Islamic Law, Hadith, contemporary Muslim societies.
Mahr: (مہر)
In Islam, a mahr is the obligation, in the form of money or possessions, paid by the groom to the bride at the time of Islamic marriage. While the mahr is often money, it can also be anything agreed upon by the bride, such as jewelry, home goods, furniture, a dwelling, or some land.
Definition:
Mahr or dower is a sum of money which becomes payable by the husband to his wife on marriage, either by agreement between the parties or by operation of law. Mahr can either be prompt (Mu’ajjal ، معجل ,(or deferred (Mu,wajjal ۔(موجل
Mahr is the due right of the woman. Husband is asked to necessarily pay it. Almighty Allah says in the holy Quran;
وَأُحِلَّ لَكُم مَّا وَرَاءَ ’ذَلِكُمْ أَن تَبْتَغُوا بِؤَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ ۚ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ وَلََ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ ۚ إِنَّ اَّللََّ كَانَ عَلِيمًا حَكِيمًا
And all women besides these are lawful, provided that you seek them out with your wealth in wedlock and not in debauchery. Then if you take pleasure in them, give them their dower as an obligation. There is no blame on you if you make an agreement before and after the marriage. Surely, Allah is All-Knowing, Wise.”
[النساء : ]42
Quantity of Mahr:
It is not fixed by Shariah but it’s up to the capacity of groom. Though there is minimum;
لمََهْرَ دُوْنَ عَشَرَةِ دَرَاهِمَ
The minimum quantity of mahr is ten Dirham or the value of (30.618 grams of silver). Mahr is not valid less than it as per the Shariah. There is no limitation of the maximum mahr. You can fix as much mahr as you want with the consent of the girl and her guardians as per your capacity.
(Baihaqi , Sunan Al,Kubra:13760)
When to pay:
If the mahr is mu’ajjal (immediately payable) then it is wajib to pay it before rukhsati. And if it has not been paid then she can delay rukhsati or refuse the husband to sleep with her. But if the mahr is muwajjal (deferred) then it shall be wajib to pay it at its appointed time. If no time was fixed then it shall be wajib to pay it in case of talaq at the time of talaq; otherwise at the time of death. The time of talaq can also be fixed as the time of payment.
Mahr in Quran and Hadith:
The concept of Mahr is based on the Quranic verse, Allah Almighty said:
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً ۚ فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا
“And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.” (Quran 2:2)
Beloved Muhammad ﷺsaid:
“عَنْ جَابِرِ بْنِ عَبْدِ اَِّللَّ، أَنَّ رَسُولَ اَِّللَّ ملسو هيلع هللا ىلص قَالَ: “اخْتَارُوا لِبَنَاتِكُمُ الْمُإَدَّاةَ، فَإِنَّهَا نِكَاحٌ مِنْ الْكَلِمَةِ
Jabir bin Abdullah reported that the Messenger of Allah (ﷺ) said: “Choose the best for your women, then give them something as a gift, for this gift will be regarded as a legitimate thing.”
(Sunan Ibn Majah :4882)
There is another narration about Mahr:
قال النبي محمد ملسو هيلع هللا ىلص، ويقول: “من نكح امرأةً وهو يريد أن يذهب بمهرها فهو عند الله زان يوم “القيامة
Rasool Allah ﷺ said, “Whoever marries a woman intending to deprive her of her mahr, then his action is morally corrupt, and he will meet Allah in a state of corruption on the Day of Resurrection.”
This hadith is reported in several collections of hadith, including Sahih Bukhari, Book 62, Hadith 67, and Sahih Muslim, Book 16, Hadith 4114.
Mahr is according to four Sunni schools of thought:
Marriage is one of the most significant events in the life of an individual, and in Islam, it holds a lot of importance and is considered a sacred bond between two people. Mahr is an essential part of the Islamic marriage contract and refers to the gift that the groom is required to give to the bride. This gift is considered the bride’s right and is paid to her at the time of marriage, and it can be in the form of money, property, or any other valuable asset.
Mahr is mandatory in Sunni Islamic marriages, and it is essential for the groom to fulfill this obligation. The four Sunni schools of thought – Hanafi, Maliki, Shafi’i, and Hanbali- have different opinions regarding the nature of Mahr, the amount that should be given, and when it should be paid, but all agreed on its obligation.
Hanafi School of Thought:
According to the Hanafi (حنفی)school of thought, Mahr is a gift that is given to the bride, and it can be in the form of money, property, or any other valuable asset. The groom is required to give the Mahr to the bride at the time of the marriage, and it becomes her sole property. The Hanafi jurists suggest that the amount of Mahr should be decided mutually between the groom and the bride, and it should be given in a single instalment. However, if the bride agrees, the Mahr can be paid in instalments or deferred to a later date.
Maliki School of Thought:
The Maliki (مالکی)school of thought also considers Mahr to be a gift that is given to the bride by the groom. The Mahr can be in the form of money, property, or any other valuable asset, and it becomes the property of the bride at the time of the marriage. The Maliki jurists suggest that the amount of Mahr should be decided mutually between the groom and the bride, and it should be paid in a single instalment. However, if the bride agrees, the Mahr can be paid in installments or deferred to a later date.
Shafi’i School of Thought:
According to the Shafi’i (شافعی)school of thought, Mahr is a gift that is given to the bride by the groom, and it becomes her property at the time of the marriage. The Mahr can be in the form of money, property, or any other valuable asset, and the amount should be decided mutually between the groom and the bride. The Shafi’i jurists suggest that the Mahr should be paid in a single installment, and it cannot be deferred or paid in installments, except with the consent of the bride.
Hanbali School of Thought:
The Hanbali (حنبلی) school of thought also considers Mahr to be a gift that is given to the bride by the groom. The Mahr can be in the form of money, property, or any other valuable asset, and it becomes the property of the bride at the time of the marriage. The Hanbali jurists suggest that the amount of Mahr should be decided mutually between the groom and the bride, and it can be paid in a single installment or deferred to a later date. However, the deferred Mahr cannot be more than the Mahr that is paid immediately.
In conclusion, Mahr is an essential part of the Islamic marriage contract, and it is mandatory for the groom to fulfill this obligation.
References:
i. QURAN
ii. HADITH
.الفقه األكبر – أبو حنيفة. المتوفى: 051هـ :(SCHOOL HANAFI (المذهب الحنفي .iii
.الرسالة – ابن أبي زيد المقدسي. المتوفى: 683هـ :(SCHOOL MALIKI (المذهب المالكي .iv
.األم – الشافعي. المتوفى: 412هـ :(SCHOOL I’SHAFI (المذهب الشافعي .v
.المغني – ابن قدامة المقدسي. المتوفى: 341هـ :(SCHOOL HANBALI (المذهب الحنبلي .vi
vii. IBN RUSHD, M. (1994). BIDAYAT AL-MUJTAHID WA NIHAYAT AL-MUQTASID. DAR AL-KUTUB AL-ILMIYAH.
viii. AL-MAWSILI, A. (2004). AL-IKHTIYAR LI TA’LIL AL-MUKHTAR. DAR AL-FIKR.
ix. AL-QUDURI, M. (2006). MUKHTASAR AL-QUDURI. DAR AL-KUTUB AL-ILMIYAH.
x. AL-NAWAWI, Y. (2004). SHARH MUSLIM. DAR AL-KUTUB AL-ILMIYAH.