Mahr (مهر)

Mahr (مهر)

Definition and Significance

Mahr (مهر) refers to the mandatory gift or settlement of money, property, or any valuable asset that a husband must provide to his wife upon marriage. This provision serves both as a token of respect and as financial security for the wife. The contract of marriage in Islam is incomplete and invalid without an agreed-upon Mahr, making it a cornerstone of Islamic matrimonial practice.

Etymology and Translation

• Etymology: The term “Mahr” is derived from the Arabic root مهر which pertains to a dowry or bridal gift.
• Arabic Translation: مهر (Mahr)
• Hebrew Translation: ‏מֹהַר‎ (Mohar)
• Turkish Translation: Mehir

Biblical References

The concept of dower is not unique to Islam. The Hebrew equivalent מֹהַר‎ (Mohar) appears in the Old Testament in these instances:

• Genesis 34:12
• Exodus 22:17
• 1 Samuel 18:25

Legal and Cultural Context

In Islamic law, Mahr is a right of the wife and a duty of the husband. It must be stipulated in the marriage contract and can vary greatly in amount and form, depending on cultural, social, and individual circumstances. This paves the way for significant socio-economic implications, giving women a degree of financial independence and security.

Qur’anic Basis

The concept of Mahr is enshrined in the Qur’an:

• Surah An-Nisa (4:4): “And give the women [upon marriage] their dowries graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.”

Suggested Readings for Further Studies

• For an in-depth understanding of Mahr and matrimonial laws in Islam:

  • Esposito, John L. “Women in Muslim Family Law.” (Syracuse University Press)
  • Nasir, Jamal J. “The Islamic Law of Personal Status.” (Graham & Trotman Limited)

• For historical and comparative perspectives:

  • Bilal Philips, Dr. Abu Ameenah. “The Marriage Series: Closer Than A Garment.”
  • Ahmed, Leila. “Women and Gender in Islam: Historical Roots of a Modern Debate.” (Yale University Press)

Key Takeaways

• Mahr is an obligatory payment from the husband to the wife, essential for a valid Islamic marriage.
• It serves both a symbolic and practical purpose, ensuring respect and financial security for the wife.
• The practice of Mahr is grounded in the Qur’an and has parallels in other religious traditions, such as Judaism.
• Understanding the nuances of Mahr sheds light on broader socio-economic and gender dynamics within Islamic culture and law.

Conclusion

Mahr is a multifaceted institution within Islamic marriage, reflecting deep-seated values of respect, responsibility, and security. Recognizing its legal foundations and social implications aids in appreciating the holistic approach of Islamic matrimonial law.