Mahr (Dowry)
Definition
Mahr (مهر) refers to a mandatory payment in the form of money or property given by the husband to the wife upon marriage in Islamic law. This payment becomes the woman’s property, which she can spend, save, or invest as she pleases.
Etymology
The term “Mahr” originates from the Arabic root م-ه-ر, which means “to endow.” The Turkish equivalent is mehir.
Functions of Mahr
Mahr serves several key purposes:
- Financial Security: It provides financial stability to the wife.
- Social Symbol: It signifies the husband’s commitment and responsibility.
- Legality in Marriage: It is a prerequisite for validating a marriage contract in Islamic law.
Structure and Timing of Payment
Mahr: may be structured and timing can vary:
- Immediate Payment (Muajjal): The full mahr amount is paid at the time of marriage.
- Deferred Payment (Muwajjal): Part or all of the mahr is deferred to a specified future date, such as upon the husband’s death or in the event of divorce.
Cultural Variations
Although mahr is a requirement in Islamic law, its substance and value can vary greatly:
- Monetary Form: Commonly, mahr is paid in the form of cash.
- Property: It can also include real estate, jewelry, or other valuable assets.
- Cultural Practices: In some cultures, often it is controlled by the bride’s family rather than the bride herself.
Associated Legal Provisions
Mahr is essential for the marriage contract** (nikah)** and thus the marriage’s validity:
- Marriage: Without the specification of mahr, the marriage contract is considered incomplete.
- Divorce and Widowhood: The deferred mahr becomes immediately payable upon the occurrence of either.
Books for Further Studies
- “Understanding Islamic Law” by Raj Bhala
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “Gender and Muslim Constructions of Exegetical Authority: A Rereading of the Classical Genre of Qurʾān Commentary” by Ayesha S. Chaudhry
Conclusion
Mahr is a fundamental aspect of Islamic marriages, symbolizing commitment and ensuring the wife’s financial security. Despite cultural variations, it remains a crucial element under Islamic legal provisions.
Takeaways
- Mahr is mandatory for the validity of an Islamic marriage.
- It conveys the husband’s responsibility and commitment.
- The substance, amount, and timing can vary but adhere to ensuring the wife’s rights.
- Cultural practices influence its application but do not negate its essential legal stipulations.
explore this critical element of Islamic marriage to fully understand its multi-faceted roles and essential requirements.
