(Dowry) Mahr

http://islamqa.org/hanafi/askimam/13272

Asalamolakum, I am curious about the difference of dowry, mu’ajjal, and mu’wajjal as it is stated on my nikkah certificate. mu’ajjal is translated to prompt, and mu’wajjal deferred. I am assuming that mu’ajjal must be paid at the time of commencing the relationship, and mu’wajjal, upon seperation? what are the concequences and restrictions of not being able to pay either of these amounts? Can they be forgiven by the bride? Thank you mufti sahib.

Answer

Prompt dowry is referred to as the Mahr agreed upon by both parties to be
paid up front before the Nikah, at the time of the Nikah or before the
consummation of the marriage at the latest.

Mahr Mu’ajjal (deferred) is referred to as Mahr agreed upon by both parties
to be paid after the consummation at some later date. This becomes payable
immediately upon separation or death. The wife may forgive her husband
wholly or partially as far as the payment of the Mahr is concerned whether
it is prompt or deferred.

and Allah Ta’ala Knows Best

Mufti Muhammad Kadwa
for: FATWA DEPT.

http://islamqa.org/hanafi/daruliftaa/7809

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

By reading the details of your question, it has to be said that this is an extremely unfortunate situation that is prevalent in some Muslim communities. It is a custom that has nothing to do with Islamic teachings and guidelines, and must be prevented.

According to Shariah, the only monetary requirement (in marriage) is the marriage payment or dowry (mahr) given by the groom to his bride. This is the right of the wife, and the husband is obliged to pay it to her.

Allah Most High says:

“Give them (women) their dowers.” (Surah al-Nisa, 24)

And:

“And give the women (on marriage) their dower as a free gift.” (al-Nisa, 4)

Any payment besides this is voluntary. If the family of the groom or the bride feel that they should give additional gifts, then they may do so, but it is something that is purely voluntary. If it is considered to be obligatory or any of the relevant parties demand it, then it will become unlawful.

Sayyida A’isha (Allah be pleased with her) narrates that the blessed Messenger of Allah (Allah bless him & give him peace) said:

“Verily the most prosperous marriage is the one that entails the least expenditure.” (Recorded by al-Bayhaqi in his Shu’ab al-Iman)

To demand something besides the dowry paid by the husband is considered to be bribery, thus unlawful.

Imam al-Haskafi (may Allah have mercy on him) states:

“If the bride’s family demand a return (m, besides the mahr for the bride) for giving her in marriage, the husband has a right to re-claim it, as this is bribery (rishwa).” (See: Radd al-Muhtar, 3156)

Therefore, it is contrary to the Sunnah to wish, hope for or demand presents and gifts from the bride’s family. We should always remember that the blessed Messenger of Allah (Allah bless him & give him peace) did not give Sayyiduna Áli (Allah be pleased with him) anything except Duá.

Those who attempt to justify their practice with the incident where the Messenger of Allah (Allah bless him & give him peace) gave his daughter Fatima (Allah be pleased with her) certain gifts, are mistaken.

Firstly, these items of gift were not given to Sayyiduna Ali (Allah be pleased with him), rather to Sayyida Fatima (Allah be pleased with her).

Secondly, the Messenger of Allah (Allah bless him & give him peace) gave his beloved daughter a silver bracelet, two Yemeni sheets, four mattresses, one blanket, one pillow, one cup, one hand-grinding mill, one bedstead, a small water skin and a leather pitcher. (Jam al-Fawaid, 1/220)

It is evident from the above that the gifts which were given by the Messenger of Allah (Allah bless him & give him peace) were basic necessary items and delivered in a simple manner. They were not such that are normally beyond one’s means for which loans are taken.

Note: Unfortunately, the fathers of millions of daughters across the world, especially South Asia, incur debts and become poor and miserable because ‘culture’ pressurises them to give dowry to their future son-in-laws. Some girls are forced to remain single for years because they cannot afford the dowry. Some commit suicide, as do their desperate fathers. In parts of South Asia, dowry-murders, among Hindu families, are commonplace whereby – a new bride is tortured or murdered by her in laws because her family did not give a large enough dowry. This is completely UnIslamic – the dowry or Mahr is to come from the groom to the bride, not the other way around.

Finally, remember the words of the beloved of Allah (Allah bless him & give him peace):

“When an offer of marriage is received from a person whose piety and character pleases you then accept this proposal. If you do not do so, then there will trial and discord (fitna) in the land and corruption (fasad) will spread.” (Recorded by Imam Tirmidhi in his Sunan, no. 1085 on the authority of Abu Huraira, Allah be pleased with him)

And Allah Knows Best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://www.daruliftaa.com/node/5986?txt_QuestionID

In the name of Allah, Most Compassionate, Most Merciful,

If the dowry (mahr) was not stipulated in the contract of marriage, then the husband is obliged to pay what is “typically” received as marriage payment by similar brides (mahr al-mithl), if the marriage was consummated.

Imam al-Mawsili (Allah have mercy on him) states:

“If one did not fix dowry for her or one made a condition that she will not receive any dowry, she will receive what is typically received by similar brides (mahr al-mithl), if after consummation of marriage or death. She will receive a small gift (mut’a) in case of divorce before consummation.” (al-Ikhtiyar li ta’lil al-Mukhtar, 2/126)

Therefore, if you did not fix or stipulate an amount as dowry (mahr) when marrying, then if you have consummated your marriage (which I’m sure you have, for you state being married for two years), you will be required to pay an amount which is typically received as dowry by similar brides (mahr al-mithl).

Now, mahr al-mithl is that which is customarily received as dowry by brides from the wife’s father’s side, such as her sisters, paternal aunties, paternal auntie’s daughters, etc. Her mother and maternal aunties will not be taken into consideration unless they are from her father’s family. If no woman similar to her is found on her father’s side, then one will look at other non-related women. 

With regards to similarity, one will consider age, beauty, virginity, place (city, country), time (era) and wealth. In other words, you will consider women from your wife’s father’s side who are similar in the abovementioned things to your wife, and then give your wife similar to what they received as dowry. (See: al-Ikhtiyar li ta’lil al-Mukhtar, 2/133-134)

As far as the large sum your in-laws are demanding from you is concerned, if you did not agree to this in the contract of marriage, then you are not obliged to pay it. You are only responsible to pay your wife the dowry, for that is her right.

Try to solve this matter with gentleness, politeness and coming to a mutual agreement. A local scholar’s or a family friend’s (whom both parties respect) involvement may be beneficial.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://islamqa.org/hanafi/daruliftaa/7904

My question relates to marriage and dowry. After 2 years of marriage talks with a particular, we are but a few months away from being married insha’allah. However, the bride and her family say that a condition which they put forward at the time of accepting our proposal was that we would pay the sister/bride a large sum of money (5 figures) should I divorce her in the future. I do not recall ever accepting such conditions, to the contrary I have always disagreed to having any conditions placed on my marriage. Now, we are going through a very turbulent period where we have already decided to part ways, under duress. This is neither what the sister/bride nor I want. I am in no way able to accept this condition even if it means I do not have to pay ”unless” I divorce her. This figure was in no way discussed between the two individuals concerned i.e. her and myself.

Please could you enlighten me with some guidance? I am not unable to afford such figures now nor am I willing to accept this condition. Am I wrong? Or am I being wronged by the other party (and her family)? If success was to shower this situation, I feel so let down that I could never keep a reasonable relationship with these ”in-laws”. A little research informs me that this is the Mahr they are requesting, but surely I have a say as to how much I can give? Is this request of theirs acceptable in Shariah; a contract within the Nikah for a large sum? Please guide this ever concerned brother.

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

The dowry (mahr) is the right of the wife/bride by which she is honoured and formally entered into wedlock (nikah). Allah Most High says:

“Give them (women) their dowers.” (Surah al-Nisa, 24)

The minimum amount for dowry is ten Dirhams (30.618 grams of silver) and there is no maximum limit. Thus, the bride and groom may mutually agree upon whatever sum they desire. However, it is wrong and disliked to fix a large sum as dowry, especially when the groom is not financially capable of paying the amount.

Sayyiduna Umar ibn al-Khattab (Allah be pleased with him) said: “Do not stipulate excessive amounts as dowry for women. If (doing so) was a token of honour in this world or a source of piety by Allah, then the Messenger of Allah (Allah bless him & give him peace) would have been more worthy of it than you….” (Sunan Tirmidhi, no 1114)

The groom is not obliged to pay anything in addition to the marriage payment or dowry (mahr) to the bride. It is unlawful for the bride’s family to demand something other than the dowry (for the bride) and considered to be a form of bribery (rishwah).

Imam al-Haskafi (Allah have mercy on him) states:

“If the bride’s family demand a return (m: other than the dowry) for giving her in marriage, the husband has a right to re-claim it, as this is bribery (rishwah).” (See: Radd al-Muhtar ala al-Durr, 3/56)

Thus, you do not have to agree to pay the bride excessive amounts as dowry or gift, neither is it wrong to refuse paying high dowries. The bride’s family cannot demand anything besides the dowry (which must be for the bride) from you, and if you did give something, you may take it back.

As regards to the condition of paying a large sum in case of divorce, if this amount is part of the dowry, then upon divorce you will be obliged to pay it.

The jurists (fuqaha) mention that dowry is of two types: immediate (mu’ajjal) and deferred (ghayr mu’ajjal). The wife has a right to demand the immediate dowry whenever she desires, but she cannot demand the deferred dowry before the date of maturity.

The wife may defer some amount of the dowry (mahr) to the husband’s death or divorce, in which case, upon death or divorce, she will receive the amount stipulated.

Imam Ibn Abidin (Allah have mercy on him) states:

“…As it occurs in some towns that a portion of the dowry is immediate, a portion deferred to divorce or death and a portion to be paid in installments. If he was to divorce her, the portion deferred to divorce will become immediate, but not the portion to be paid in installments. That will be received on its appropriate time whether after or prior to divorce.” (Radd al-Muhtar, 3/144)

In light of the above, it is not wrong for the bride to request a sum as part of dowry in the event of a divorce, for it is considered to be a deferred payment of the dowry. Yes, to stipulate an excessive amount would be considered blameworthy, as mentioned earlier.

However, you are completely at liberty in agreeing or disagreeing with this amount as dowry. It is not even wrong or blameworthy to refuse such conditions, rather the opposite if the figure is quite high.

In conclusion, marriage payment (mahr) is something that is mutually agreed upon by the groom and bride. It can all be immediate or some amount may be deferred to death or divorce. It is something that you and the bride will have to mutually agree upon, and no one party can enforce a sum on the other. The bride’s family cannot demand anything other than her dowry, for that is unlawful, sinful and a form of bribery.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://islamqa.org/hanafi/daruliftaa/7770

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

Marriage payment or dowry (mahr) is a right of the wife and must be paid to her. It is a means by which the husband honours her and shows gratitude to Allah Almighty first, and then to the wife for accepting to enter into his marriage. It is one of the fundamental aspects of marriage.

The husband is obliged to pay the bride her Mahr. Allah Most High says:

“Give them (women) their dowers.” (Surah al-Nisa, 24)

And:

“And give the women (on marriage) their dower as a free gift.” (al-Nisa, 4)

In the case where the man divorces his wife, in principle, there are two situations:

1) The Mahr was stipulated in the marriage contract,

2) The Mahr was not fixed or stipulated at the time of contracting the marriage.

In the first situation, where the Mahr was stipulated, there are two possibilities:

a) Divorce was pronounced prior to actual sexual intercourse or/and before the wife and husband being alone in a way that there was no physical or religious (shar’i) prevention from engaging in sexual intercourse (khalwa al-sahiha).

The ruling in this situation is that the husband will only be obliged to pay half of the stipulated Mahr. Allah Most High says:

“And if you divorce them before consummation, but after the fixation of a dower for them, then the half of the dower (is due to them), unless they remit it.” (al-Baqarah, 237)

b) Divorce occurred after sexual intercourse or/and after remaining alone (in the manner explained above).

The ruling here is that the husband will be responsible to pay the wife full Mahr that was stipulated at the time of contracting the marriage.

With regards to the second situation, (where the Mahr was not fixed at the time of marriage), we have the same two possibilities here also:

a) In the case of divorce occurring before sexual intercourse or being alone, the husband will be excused from paying any Mahr, but he must give her an amenity payment known as Mut’a or a gift. Allah Most High says:

“There is no blame on you if you divorce women before consummation or the fixation of their dower, but bestow on them (a suitable gift), the wealthy according to his means and the poor according to his means. A gift of reasonable amount is due from those who wish to do the right thing.” (al-Baqarah, 236)

b) When divorce occurs after sexual intercourse or being alone, the husband will have to pay the amount typically received as marriage payment by similar brides (mahr al-mithl).

From the above explanation, it becomes evident that there are two things that make the payment of Mahr necessary (wajib) on the husband. One is sexual intercourse, meaning consummation of marriage, and the other, the spouses being alone (khalwa al-sahiha).

The meaning of Khalwa al-Sahiha is that the spouses after marriage were alone in a way that they was no fear of a third person entering on them (i.e. the doors were locked), and there was no physical prevention from engaging in sexual intercourse, such as the husband being impotent or too young to engage in intercourse, or the wife’s vagina being closed or nearly so because of abnormal growth of flesh or bone. Similarly, there was no legal (from the shariah perspective) prevention from sex, such as one or both of them were fasting in the month of Ramadhan, or the wife was in her menstruation (haidh) or post natal bleeding (nifas). (See: al-Mawsili, al-Ikhtiyar, li ta’lil al-mukhtar, 3/128).

Therefore, if the sister in question was ever alone with her husband in the manner explained above, meaning there was no possibility of any third person entering on them, and none of the preventions for intercourse were present, then she will be entitled to full Mahr (if stipulated at the time of marriage) or the amount that is typically received as Mahr by similar brides (if Mahr was not stipulated).

It has been mentioned in the question that the spouses were intimate, which indicates that they remained alone together in the above manner, thus making the full Mahr Wajib on the husband.

Now, if the sister can no longer remain in the marriage due to reasons outlined in the question, then it would be best to convince the husband to divorce her. If he refuses, they can opt for a Khul’.

Khul’ is when the husband agrees to divorce his wife for a financial compensation. This compensation could be anything on which both parties agree. The wife may also opt to forgive the husband the dowry or some part of it.

Therefore, if the husband is unwilling to divorce her due to the Mahr, then both of them should come to an agreement and compromise on an amount which he is willing to accept in return for a divorce. If he is unwilling to pay any amount from the Mahr, then the only solution for the wife would be to forgive him the full dowry in order to receive the divorce. This temporary (financial) setback may be beneficial in the long term.

And Allah Knows Best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK



http://islamqa.org/hanafi/daruliftaa-birmingham/19717

General rules on Mahr and the value of Mahr Fatimi

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The mahr is one of the rights of the wife and the husband gives it at the time of the marriage ceremony.

Allah (SWA) in the Holy Quran has said “And give the women their dower in good cheer”.  (Surah Nisaa v.4)

Mahr is obligatory.  Allah (SWA) has used the word “faridah” for it.  It means something is fixed, decided and obligatory.  It is compulsory for the husband to pay for the mahr unless the wife by her own will and without any pressure forgives the husband in paying for it.    (Mazahirul Haqq p.104 v.4)

If a husband dies without paying the mahr to his wife, it will be considered an outstanding debt and will be taken out of his inheritance.  (Fatawa Darul Uloom Deoband p.336 v.8)

According to the Hanafi Fqh the mahr cannot be less than ten Dirhams. However there is no maximum limit of mahr, although to stipulate a very high mahr is not preferred. SaaidunaUmar Radhiallahu Anhu said: “Do not stipulate the dowry of women to high. If (doing so) was a token of honour in this world or a source of piety by Allah than your Prophet Sallallaahu Alahi Wasalam should have been more worthy of it.” (i.e. stipulating a high mahr) (Sunan Tirmizi)

Mahr Fatimi 

Similarly it is also preferable to stipulate that amount as mahr, upon which the daughters of the Prophet of Allah Sallallahu Alahi Wasalam were married. From amongst the daughters of the Prophet of Allah Sallallahu Alahi Wasalam mention is made, in the narrations, of the mahr of Saaidah Fatima Radiallahu Anha.

This amount of this mahr is 480 dirhams, although there is some difference in opinion on this. One silver dirham is equal to approximately 3.06 grams of silver, so one would calculate the price of 1469.60 grams of silver on the day of marriage to approximate the Mahr Fatimi. Nowadays silver is worth approximately £00.62 per gram, therefore, the minimum mahr and the Mahr Fatimi will be:

Mahr Fatimi Approximately   =    £1146.28

Minimum Mahr Approximately     = £23.88

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.