Mahr in marriage
A mahr is part of every Muslim marriage contract. Payment of mahr becomes mandatory after the marriage contract in which it was determined. Nikah, contracted without specifying the mahr is valid, and as the bride has the right to mahr, it will be paid as to a woman of her status in the area where the nikah is being contracted. Mahr is paid to the wife, and she has the right to determine the mahr (type and amount). What is given before nikah is not mahr.
Mahr can be anything that has material value. One can gift everything that can be used or sold: property, cash, house, a land plot etc. Also, any service and work that is payable can be considered as a mahr: building a house, teaching the Koran etc. It is desirable that the value of mahr was not more than five hundred dirhams (1680 grams of pure silver) and not less than ten dirhams (33.6 grams of pure silver).
Sadaq, mahr (marriage gift) - this is what becomes mandatory as a result of marriage, i.e. mahr or what the husband is obliged to pay his wife and it can be property or paid service, work. Also, mahr becomes compulsory after sexual intercourse, in case of doubtful intercourse or when the bride gives the groom the right to choose something as a wedding gift without discussing it at the time of marriage.
It is desirable to announce the value of mahr at the time of marriage, and to offer silver as a mahr, following the Prophet (peace and blessings be upon him). Anything that can serve as a means of payment can be a mahr, no matter how insignificant it may be. It is also desirable that the mahr should be no more than five hundred dirhams (1680 grams of pure silver) and at least ten dirhams (33.6 grams of pure silver).” [1]
If the guardian marries off an adult, mentally fit virgin, without her permission, for mahr lower than the custom, or if she indicates the size of mahr and he gives her less, or she will give permission for marriage without specifying mahr, and the guardian will marry her off for a mahr that is lower than the status established by a local custom for a woman, then in all of these cases the marriage still will be valid and she will be given a traditional (customary) mahr, according to a more reasonable opinion. [2]
A mahr can be work, services such as sewing, construction, teaching the Koran, etc., all for what the contract of employment is valid. [3]
- I`anat al-Talibin, vol. 3, p. 627.
- Fath al-mu`in, vol. 3, p. 632.
- Al-majmu`, vol. 16, p. 328.
