Tag archive for ‘mahr in Islam’

The Importance of the Mehr in Islam

Traditional Muslim wedding in India

Traditional Muslim wedding in India

The importance of the Mehr in Islamic Marriage

By Nilofar Ahmed
Reprinted from Dawn Online

MARRIAGE in Islam is a legal contract between two parties and not a holy sacrament. Many terms and conditions in the marriage contract are obligatory, while others can be set and agreed to at the time of marriage.

What is a Mehr?

The gift or dower given as a mark of respect to the wife at the time of marriage by the husband is obligatory and is referred to as mehr (or mahr). It is the legal right of the wife. It can be in cash or kind. The amount is variable and should be agreed to by both parties.

One of the words used in the Quran for this purpose is sadaqah (4:4), meaning the gift that is given in good faith and as a good deed, out of generosity, without meaning to aggrandize oneself. The other word used in the Quran is ajr (33:50). This word means a reward and is also used to denote wages. It is given as a gift to the woman who is going to leave her family and the security of her home, and is risking adjustment in a new and unknown set-up.

When is the Mehr Required?

No one is exempt from paying the mehr (when getting married). Even the Prophet (PBUH) has been told, “O Prophet, We have made permissible for you the wives whose dower you have paid….” (33:50).

Depending on the mode of payment, there are two kinds of mehr: the mu’ajjal, or prompt, and the muwajjal, or deferred. The deferred payment is allowed in the case of those who might be expecting remittances at a later date. But delaying the payment unnecessarily is not being true to the contract.

How Much is the Mehr?

Arabian horse

Arabian horse. Ali (RA) gave his bride the proceeds from the sale of a horse and saddle.

When Hazrat Ali came to the Prophet to ask for the hand of Bibi Fatima, the first thing the Prophet asked him was, “Do you have anything to give as mehr?” He said he had a horse and a saddle. He sold his saddle for 480 dirhams and brought it to the Prophet. The immediate needs of the bride and the new household were met with this amount.

Some people, in trying to be pious, say that they are willing to fix the mehr of their daughters at the rate of the sharai mehr, which some elders have worked out to be the unbelievably low amount of Rs32.25! It is difficult to say where they got this figure from.

The Sharia, or Islamic law, has not fixed or even recommended any amount which could be called the sharai mehr. If inflation over the centuries could be calculated, the purchasing power of this amount would be found to have been reduced several thousand times. There is the well-known case of an old Sahabiah who questioned Hazrat Umar in the mosque when he suggested putting a ceiling on the upper limit of mehr.

According to some scholars, even if the mehr is not mentioned in the nikahnama, the mehr would still be an obligation and the law will award it on the demand of the wife. The amount, in this case, would be determined by the mehr of the females of her class or of her father’s family, known as mehr misl, or the financial position of the groom, the social status of the bride, the prevalent custom of the time and place and the agreement that the bride and the groom can reach over the amount. There is no upper limit on the amount of the mehr, but the amount should be a realistic one. It can be from a “heap of gold” to anything that the parties agree to and is non-refundable.

In some countries this legal requirement has been made a mockery of, either by fixing an unrealistically large amount and then not paying it, or fixing a ridiculously small amount, which there is no need to pay. The widow is sometimes asked to forgive her husband at his deathbed. The mehr remains a debt on the husband throughout his life and after his death the heirs inherit this debt and are bound to pay it.

Who Does the Mehr Belong To?

The mehr is the sole property of the wife and neither parents nor any other relatives have any right over it. Sometimes male relatives illegally take away the mehr without the woman setting eyes on it, making it look like a sale.

What About “Jahez”?

The concept of jahez, or giving endless amounts of household goods and gifts by the bride’s family, does not exist in Islam.

What is the Evidence for Mehr?

In Surah al-Nisa, it is said, “Give to the women their agreed dowers [willingly]….” (4:4) and, “…as an obligation….” (4:24). According to Imam Malik, if the parties agreed that there would be no mehr then the nikah would not be valid. But according to Imams Abu Hanifa, Shafi’i and Ahmed the nikah would be valid, but the mehr would still remain an obligation.

It is an obligation even in the case of the women of the “People of the Book.” (5:5). According to Maulana Umar Ahmed Usmani, the labour of the groom cannot be accepted as mehr, because the mehr has to be an amount paid to the bride.

These days, marriages are being conducted with great pomp and show in which a great deal of wealth is squandered. If, instead of spending so much on unnecessary items, top priority is given to the payment of mehr, it would mean fulfilling a religious obligation.

It would also be more in line with the Quranic injunctions and the example of the Prophet, and could provide some security to the bride, especially if she can invest the amount profitably.

The writer is a scholar of the Quran and writes on contemporary issues.

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Requirements of Nikah in Islam

Happy Muslim couple

Mohammad Mazhar Hussaini

Mutual Agreement of Bride and Groom

Marriage (nikah) is a solemn and sacred social contract between bride and groom. This contract is a strong covenant (mithaqun ghalithun) as expressed in Quran 4:21. The marriage contract in Islam is not a sacrament. It is revocable.

Both parties mutually agree and enter into this contract. Both bride and groom have the liberty to define various terms and conditions of their liking and make them a part of this contract.

Muslim couple signing the marriage contract.

Muslim couple signing the marriage contract.

Mahr

The marriage-gift (Mahr) is a divine injunction. The giving of mahr to the bride by the groom is an essential part of the contract.

‘And give the women (on marriage) their mahr as a (nikah) free gift” (Quran 4:4)

Mahr is a token commitment of the husband’s responsibility and may be paid in cash, property or movable objects to the bride herself. The amount of mahr is not legally specified, however, moderation according to the existing social norm is recommended. The mahr may be paid immediately to the bride at the time of marriage, or deferred to a later date, or a combination of both. The deferred mahr however, falls due in case of death or divorce.

One matrimonial party expresses ‘ijab” willing consent to enter into marriage and the other party expresses ‘qubul” acceptance of the responsibility in the assembly of marriage ceremony. The contract is written and signed by the bride and the groom and their two respective witnesses. This written marriage contract (“Aqd-Nikah) is then announced publicly.

Sermon

The assembly of nikah is addressed with a marriage sermon (khutba-tun-nikah) by the Muslim officiating the marriage. In marriage societies, customarily, a state appointed Muslim judge (Qadi) officiates the nikah ceremony and keeps the record of the marriage contract. However any trust worthy practicing Muslim can conduct the nikah ceremony, as Islam does not advocate priesthood. The documents of marriage contract/certificate are filed with the mosque (masjid) and local government for record.

Prophet Muhammad (S) made it his tradition (sunnah) to have marriage sermon delivered in the assembly to solemnize the marriage. The sermon invites the bride and the groom, as well as the participating guests in the assembly to a life of piety, mutual love, kindness, and social responsibility.

The Khutbah-tun-Nikah begins with the praise of Allah. His help and guidance is sought. The Muslim confession of faith that ‘There is none worthy of worship except Allah and Muhammad is His servant and messenger” is declared. The three Quranic verses (Quran 4:1, 3:102, 33:70-71) and one Prophetic saying (hadith) form the main text of the marriage. This hadith is:

‘By Allah! Among all of you I am the most God-fearing, and among you all, I am the supermost to save myself from the wrath of Allah, yet my state is that I observe prayer and sleep too. I observe fast and suspend observing them; I marry woman also. And he who turns away from my Sunnah has no relation with me”. (Bukhari)

The Muslim officiating the marriage ceremony concludes the ceremony with prayer (Dua) for bride, groom, their respective families, the local Muslim community, and the Muslim community at large (Ummah)

Marriage (nikah) is considered as an act of worship (ibadah). It is virtuous to conduct it in a Mosque keeping the ceremony simple. The marriage ceremony is a social as well as a religious activity. Islam advocates simplicity in ceremonies and celebrations.

Prophet Muhammad (S) considered simple weddings the best weddings:

‘The best wedding is that upon which the least trouble and expense is bestowed”. (Mishkat)

UK Bangladeshi Muslim couple in wedding outfits

A Bangladeshi Muslim couple in London, UK, wearing traditional Islamic outfits. Man wearing a red and gold colored hat and woman wearing beautiful jewelry.

Primary Requirements

  1. Mutual agreement (Ijab-O-Qubul) by the bride and the groom
  2. Two adult and sane witnesses
  3. Mahr (marriage-gift) to be paid by the groom to the bride either immediately (muajjal) or deferred (muakhkhar), or a combination of both

Secondary Requirements

  1. Legal guardian (wakeel) representing the bride
  2. Written marriage contract (“Aqd-Nikah) signed by the bride and the groom and witnesses by two adult and sane witnesses
  3. Qadi (State appointed Muslim judge) or Ma’zoon (a responsible person officiating the marriage ceremony)
  4. Khutba-tun-Nikah to solemnize the marriage

The Marriage Banquet (Walima)

Traditional foods set out for an Islamic walima.

Traditional foods set out for an Islamic walima.

After the consummation of the marriage, the groom holds a banquet called a walima. The relatives, neighbors, and friends are invited in order to make them aware of the marriage. Both rich and poor of the family and community are invited to the marriage feasts.

Prophet Muhammad (S) said:

‘The worst of the feasts are those marriage feasts to which the rich are invited and the poor are left out.” (Mishkat)

It is recommended that Muslims attend marriage ceremonies and marriage feasts upon invitation.

Prophet Muhammad (S) said:

“…and he who refuses to accept an invitation to a marriage feast, verily disobeys Allah and His Prophet.” (Ahmad & Abu Dawood)

Printed with permission: Marriage and Family in Islam by Mohammad Mazhar Hussaini

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