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Permalink Reply by Jibreel on July 13, 2010 at 4:20pm
Permalink Reply by ibrahim on July 13, 2010 at 8:44pm Dowry and Mahr
In the first era of Islam marriage was a simple affair, without pomp or ceremony. Any expenditure incurred in its performance was quite minimal, and not a burden on either family. Indeed, the Prophet stated: ‘the most blessed marriage is one in which the marriage partners place the least burden on each other.’ (al-Haythami, Kitab ab-Nikah, 4:255).
Nowadays, much difficulty and hardship can be caused by the setting and giving of dowries, bride-prices and mahr – not to mention enormous wedding feasts and celebrations in some cultures which bring a most unreasonable financial burden on the families concerned. Financially crippling celebrations are totally in opposition to the spirit of Islam, and are not necessary. They are purely a matter of the culture of certain regions. No Muslim should feel obliged to continue these unIslamic traditions, or be embarrassed about breaking with their old cultural traditions.
It is very important that Muslims themselves realize that there is an enormous difference between dowry, bride-price and mahr. Many books and articles on the subject confusingly use the word dowry to mean mahr, but in fact the correct word for dowry is jahaz, and its function is totally different.
What is a dowry?
The custom of giving dowry (jahaz) is not part of Islam, although it actually seems to be on the increase among several Muslim cultures, notably those of Indian, Pakistani and Bangladeshi origin, even when they have settled in the UK. In fact, it is a practice which has never been sanctioned by Islam and is not prevalent amongst Muslims of other cultures. It seems to be in imitation of ancient Hindu culture in which daughters were not given any share in the family property, but were given payments, part of which might be in the form of household goods, as a measure of compensation. Islam granted daughters a rightful share in their family property and inheritance.
A Hindu wedding. The mahr in Islam is not the same as the Hindu bride-price or dowry.
A ‘bride-price’ is either : · an amount of money, goods or possessions given to the bride by the bride’s family at the time of her marriage, in order to attract a good husband for her. It would in effect become the property of the husband or his family upon his marrying her. This is a totally unIslamic practice. In Islam, women are not ‘owned’ by their families and should not be ‘traded with’ in this manner. It is an insulting practice. Or · an amount of money demanded from the bridegroom or his family by the bride or her family, usually the bride’s father, without which the daughter will not be given in marriage. In the jahiliyyah society before Islam, this money was regarded as the property of the girl’s guardian.
The matters of fathers giving the bride gifts of money or property, or paying for an enormous wedding feast, or providing a home, or setting her up in her home with furniture and household effects are left to the discretion of the people involved in Islam. The Prophet himself saw to the marriages of his four daughters. He gave his daughter Fatimah various gifts when she married Ali b. Abu Talib, but there is no record of his having given anything to his other daughters on the occasion of their marriages. Had such gifts been a recommended sunnah, he would surely have given the others gifts as well. Moreover, the gifts given to Fatimah were extremely modest household articles – a sheet, a leather water-bag, and a pillow stuffed with grass and fiber.
Nothing could be more unIslamic than ostentation. It is ridiculous to attempt to justify flamboyant displays of wealth in lavish gifts or feastings by citing the Prophet’s extremely modest gifts to Fatimah.
What is the Mahr?
The mahr is a compulsory part of an Islamic marriage contract. The other words for mahr generally used in the Qur’an are sadaqah and ajr, meaning reward or gift to the bride in which there is profit but no loss, and faridah, literally that which has been made obligatory, or an appointed portion. Allah commanded: ‘Give women their faridah as a free gift.’ (4:4) (Unfortunately the word is frequently incorrectly translated as ‘dowry).
It is a gift of money, possessions or property made by the husband to the wife, which becomes her exclusive property. It is an admission of her independence, for she becomes the owner of the money or property immediately, even though she may have owned nothing before. It has nothing to do with either of their parents, except that a husband might need to take a loan. This should only be done with the intention of repayment. It is also intended as a token of the husband’s willing acceptance of the responsibility of bearing all the necessary expenses of his wife.
Even if the wife owned no property or money of her own before her marriage, she is given this money or property when she marries so that she commences her married life in her new status with money or property of her own. The wife gives herself and her services to her husband, and in return he gives her property to own herself, even if she had nothing before, and pledges that he will maintain her. Muslim women are placed in charge of the internal arrangement of the household, while Muslim men are responsible for its financing (even if the wife earns her own money subsequent to her marriage).
The Prophet gave each of his wives a payment of mahr, ranging from token sums, the granting of freedom from slavery when being made a wife, to the payment of 400-500 dirhams. His wife Umm Habibah’s mahr consisted of 4000 dirhams, this sum having been fixed by Najashi, the Negus (a Christian ruler) of Abyssinia. (Abu Dawud, Kitab an-Nikah, 2:235).
There was in fact no fixed upper limit for mahr. Allah required the provision to depend upon the circumstances of the husband:
‘…the wealthy according to his means, and the straitened in circumstances according to his means. The gift of a reasonable amount is necessary from those who wish to act in the right way.’ (2:236).
In a famous case, the second Caliph, Umar b. al-Khattab, once gave a public sermon in which he asked the congregation to refrain from fixing heavy mahrs, and stated that the Prophet had declared no-one should give more than 400 dirhams. A woman immediately stood up and challenged him, quoting the verse 4:20 from the Qur’an: ‘But if you decide to take a wife in place of another, even if you had given the first a heap of gold (quintar) for a dowry, you shall not take the least bit back.’ Umar went back to the minbar and withdrew his words stating ‘the woman is right, and Umar is wrong. Whoever wishes may give as much property as he wishes to give.’ (Ibn Hajar al-Athqalani, Fath al-Bari, 9:167).
Who owns the mahr? Can it be refused?
A Muslim bride signing the Islamic marriage contract. The mahr can be specified in the contract, and is generally paid at this time. It is a gift of money, possessions or property made by the husband to the wife, which becomes her exclusive property.
The mahr is owned solely by the wife. The husband is not allowed to refuse to pay his wife a proper mahr or faridah. The settling of the payment is obligatory.
‘Women are lawful to you….provided that you take them in marriage and not fornication. As to those through whom you profit (through marriage), give them their faridah as appointed.’ (2:24).
The same applied when marrying Jewish or Christian women (5:5). If a Muslim man married someone ‘whom his right hand possessed’ (ie a slave or prisoner of war), the mahr was to grant her freedom and other payment was not required.
Caliph Umar ruled that if a woman had excused her husband his mahr, but later demanded it, the husband should be compelled to pay it on the grounds that the fact that she demanded it was a clear proof that she had not remit it of her own free will.
The case of a woman whose husband died before fixing the amount of the dowry or consummating the marriage was brought to Abdullah b. Mas’ud. He ruled that she should be paid according to the mahr of women of like status to herself.
The Shafi ‘I school rules that a wife may refuse to consummate the marriage if the husband agreed to pay the mahr immediately, but did not do so. She may have the marriage annulled.
How much should the Mahr amount be?
It is unIslamic for a Muslim woman to set a huge demand for herself, with the intention of deterring suitors of humble means. Islam does not require husbands and wives to come from the same social strata or income brackets – although this may often seem to be advisable. Islamic compatibility is based on religious faith and mutual respect, not on money, caste (another Hindu custom), class, background, nationality, etc.
It is just as unIslamic to demand a huge mahr, generally beyond the husband’s means, based on the intention of checking the husband from ill-treating his wife, or wrongfully or causelessly divorcing the wife, or preventing him from remarrying another later – the reasoning being that in cases of divorce the woman can demand the full payment of the mahr. The fixing of a substantial mahr for the above purposes rests on the supposition that the mahr has to be fixed at the time of marriage, but not handed over until divorce – which gives it a supposed ‘deterrent’ value. This is unlawful in Islam, for in this case the wife has no use or ownership of the mahr during the time of the marriage.
If the prospective husband is not a wealthy man, a generous wife may choose to accept very small mahr, but this has to be her own free choice. She should not be coerced or have pressure put on her in any way. Some of the Prophet’s female companions accepted their husbands’ conversions to Islam, or memorising of ayat of the Qur’an, or giving education to others as their mahr.
The mahr has to be fixed taking into account the bridegroom’s position in life. That is, it should not normally be more than he is easily able to afford, whether it be a lump sum or some article of value. Jurists have different views on what the minimum amount should be, but all agree that it should be substantial enough for something to be bought against it. In other words, any amount which is sufficient for a purchase is acceptable as mahr.
The husband may be loaned money by his father or family, but it must be repaid. In the case of Nabi Musa (the Prophet Moses), when he left Egypt for Madyan he married Safura the daughter of the Prophet Shu’ayb. His mahr mu’ajjal was settled and paid off by binding himself to grazing his father-in-law’s cattle for ten years without wages. Presumably Shu’ayb had paid Safura on Musa’s behalf.
A good woman might agree on a low mahr if she wishes, or none at all, according to the circumstances of her husband. Once fixed it is fixed, and legally binding – so it is good practice to have it written down and witnessed on a document. The wife should take advice on her decision, and not be blinded by emotion, or coercion, or fear, or family pressure. If any person pressurises a woman into a decision she might not have otherwise made, that person will be held to account in the Life to Come, even if he ‘got away with it’ on this earth.
One recorded hadith suggests that ‘the best woman is the one whose mahr is the easiest to pay.’ (al-Haythami, Kitab an-Nikah 4:281).
However, it is sensible for a wife to accept a reasonable mahr, as this becomes her own property as stated, and is hers to keep should the marriage fail and end in divorce.
Under what conditions is it payable?
There are two main ways of properly presenting mahr to the bride.
The first way is to hand it over in full at the time of marriage, in which case it is known as mahr mu’ajjal, or ‘promptly given mahr’. (Notice the ‘ . The word is derived from ‘ajilah, meaning ‘without delay’. This was the accepted practice during the time of the Prophet, and the amount fixed was generally quite minimal.
In the case of Fatimah and Ali, Ali informed the Prophet that he had nothing to give her. The Prophet reminded him of a coat of chain-mail he had been given. It was still in his possession, although in a dilapidated condition and worth less than four dirhams. The Prophet suggested he gave that to Fatimah, and this was done.
The second way of presenting mahr is to defer it, to hand it over to the bride after a certain period of time, the duration of which must be specified, fixed by the man and agreed by the wife. This has to be settled, with witnesses, at the time of the marriage. This form of mahr is known as mahr muwajjal. (the word implies ‘in a period of time’).
The five major schools of Islamic jurisprudence all agree that delay in handing over the mahr, whether in full or in part, is lawful provided that the fixed period for payment is not indefinite.
This method should never be used as an excuse to willfully postpone the payment. A definite date should always be fixed, witnessed, and adhered to. It should certainly not be left ‘hanging’ in case the marriage breaks down and the couple come to consider a divorce – because of the inevitable emotions, bitterness, arguments, hostilities and financial problems involved at that time.
If the husband died, or they got divorced, the mahr debt must be paid up immediately to the widow before his inheritance or other financial settlements are considered. It is her property, and not his.
Repayment of Mahr in cases of khul divorce.
A khul divorce is one in which a wife sues for divorce even though the husband has not driven her to it by his unreasonable behavior.
If there is no good reason for a wife wishing to divorce her husband, but it is a case in which she simply wishes to finish the marriage with no particular legal grounds against the husband, the husband may agree to grant her the divorce if she returns all or part of the mahr. This has to be agreed between them.
If the wife does have genuine grounds for divorce – such as cruelty, mental cruelty, breaking of the marriage contract, adultery, desertion, incurable insanity, long-term imprisonment, abandonment of Islam – then the divorce is not khul but a normal talaq, in which the wife has as much right to instigate proceedings as the husband. In these cases, she most certainly does not have to hand over any of the mahr.
If the wife has genuine grounds for divorce but the husband refuses the divorce, she may then approach lawyers for khul, and appoint an Imam to act for her. It is sensible to do this as well as having a UK lawyer. She is not required to pay back any of her mahr. Indeed, the lawyers may demand some further compensation for her if the husband is guilty. (She may have to prove his guilt, and should gather as much evidence beforehand as she can – such as signed and witnessed statements of witnesses, photographs of injuries sustained, etc).
Permalink Reply by Jibreel on July 13, 2010 at 10:49pm wa alykum salam bro,
alhamdulillah
what is mentioned in the Quran is mahr which is a bridal gift given to the wife by the husband as a requirement for marriage in Islam, and is most commonly translated as dowry in english.
nothing is wrong with translating this mahr to dowry as long as the definition is the same as mhar which is described in the Quran and Sunnah of Prophet Muhammad,sallallahu alyhi wa salam.
some muslims in the past are using this term dowry as something given to the wife on the wedding day by the husband, which is the mahr in the Quran.
even until now , our scholars are using this translation as dowry to mean the mahr for the wife given by the husband, as contrary to the dowry of India or the bride price which is given by the family of the woman to her on her wedding or in some , given by the family of the woman to her husband by their marriage, which is prohibitted in Islam, because it is the man who is the supporter and provider for women, not the vice versa.
this is the beauty of Islam because we still have the original Words of ALLAH, the Quran, so we can always go back to our authentic sources, so a translation can be wrong but never the Quran in its orginal arabic language.
therefore, translating mahr into gift or dowry or bridal gift as long as its definition is the same as the definition of mahr in the Quran, then there is nothing wrong with it.
so it is clearly supported by many sahih Ahadith that mahr is a gift given by the husband to his wife on their wedding as an obligatory requirement of marriage in Islam.
we would like to suggest to our brothers & sisters to include the source if what we post here is copied from some websites, etc, so it can be verified as well, and not be mistaken as our own ideas and concepts which later on found out to be copied only from others-which is called as plagiarism.
furthermore, let us be cautious with picking up any topic about islam from unreliable website because many are fronting as islamic sites, yet they are from the enemies of Islam, anti-Islam, that are aimed at destroying the muslims' belief and discouraging others from knowing the real truth about Islam.
some lists given by our sister Grichiel "Ashadieeyah" Samones in her blog below are useful alarm.
and here are some good Islamic sites provided for us by Dr. Abu Amina Bilal Philips (http://bilalphilips.com):
Recommended Sites
1. Sunnah Online
http://www.sunnahonline.com/main.htm
2. Islam QA.com
http://www.islam-qa.com
3. Understand Islaam:
http://www.understand-islam.net/
4. Islaam.com
http://www.islaam.com/
5. Fatwa Online.com
http://www.fatwa-online.com/
6. Islam Way.com (English)
http://english.islamway.com/
7. Islam Web.net
http://www.islamweb.net/ver2/MainPage/indexe.php
8. Islam House.com
http://www.islamhouse.com
9. 877-Why-Islam.org
http://www.whyislam.org/
10. Muslim Heritage.com
http://www.muslimheritage.com/
11. Audio Islam.com
http://www.audioislam.com
12. Aswat al-Islam.net
http://www.aswatalislam.net
13. Call to Islam.com
www.calltoislam.com
14. Madinah Arabic.com
http://www.madinaharabic.com/Index.htm
15. As Sahwah.com
http://www.as-sahwah.com
16. Darulehsaan.com
http://www.darulehsaan.com/
17. Islam Basics.com
http://www.islambasics.com/
18. - 20. Islam Yesterday, Today & Always.com
18. http://www.islamtomorrow.com/
19. http://www.islamalways.com/
20. http://www.islamyesterday.com/
21. Islam World.net
http://www.islamworld.net/
22. Al Sunnah.com
http://www.al-sunnah.com
23. Sultan.org
http://www.sultan.org
24. MSA of USC
http://www.usc.edu/dept/MSA/
26. Islaam.net
http://www.islaam.net/main/
28. - 31. The Faith Network
28. http://imaan.net/
29. http://www.seerah.net/
30. http://alhidaayah.net
31. http://imaan.net/fiveonfriday/
http://www.sabr.com/
http://islam101.com/
http://muhammad.net/
http://barnabas.net/
http://crusades.org/
32. Islam 101.com
http://islam101.com/
33. Muhammad.net
http://muhammad.net/
34. The Gospel of Barnabas
http://barnabas.net/
35. Crusades.org
http://crusades.org/
36. Islamic Knowledge.com
http://www.islamic-knowledge.com/
37. About Tajweed.com
http://www.abouttajweed.com/
38. King Fahd Complex for the Printing of the Holy Qur'an
http://www.qurancomplex.com/default.asp?l=eng
39. Al Minbar.com
http://www.alminbar.com/
40. International Committee for the Support of the Final Prophet (ICSFP)
http://www.icsfp.com/EN/
41. Islamtoday.com
http://islamtoday.com/
42. Investigating Islam
http://www.islamic.org.uk/
43. Sahaba.net
http://www.sahaba.net
44. Tafsir.com
http://www.tafsir.com
45. Quran And Sunnah Society
http://www.qss.org/
46. Muttaqun.com
http://www.muttaqun.com
47. Shariah Way
http://www.shariahway.com/
48. Ahya.org
http://www.ahya.org
49. Islamic Virtual School
http://islamicschool.net/
50. The Muslim Woman.com
http://www.themuslimwoman.com
51. Islam Guide.com
http://www.islam-guide.com/
52. Salafi Manhaj.com
http://www.salafimanhaj.com
53. Ansar.org
http://www.ansar.org/english/index.htm
54. Salim Morgan's site:
http://www.java-man.com/index.html
55. Luton Muslims.co.uk
http://www.lutonmuslims.co.uk
56. Quraan.com
http://www.quraan.com/
57. Ibraheem’s Creed.net
http://www.ibraheemscreed.net/
58. Al Manhaj.com
http://www.al-manhaj.com
59. Clearpath.com
http://www.theclearpath.com
60. Islamic Web.com
http://islamicweb.com/
61. IRF.net
http://www.irf.net/irf/main.htm
62. Jaafar Idris.com
http://www.jaafaridris.com/
63. Islamchannel.tv
http://www.islamchannel.co.uk
or
http://www.islamchannel.tv
64. Remember Allaah.net
http://www.rememberallah.net/
65. Make Dua.com
http://www.makedua.com/
66. The Ahlus Sunnah wal Jama’ah Association of Australia
http://www.iisca.org/
67. http://islaminfo.com/new/
68. http://www.quranspeaks.com/main/
69. http://www.shabirally.com/
70. E Muslim.com
http://www.emuslim.com/
71. Examine the Truth.com
http://www.examinethetruth.com
72. Al Islam.com
http://al-islam.com/eng/
73. Talk Islam.com
http://talkislam.com
74. Islamic garden.com
http://www.islamicgarden.com/
75. Islamcall.com
http://www.islamcall.com/
76. International Association for New Muslims.org
http://www.4newmuslims.org
77. Institute of Islamic Information and Education
http://www.iiie.net
78. Real Islam.com
http://www.realislam.com
79. Muhammadiyah.org.sg
http://www.muhammadiyah.org.sg/article.htm
80. Sabbir.com
http://www.sabbir.com/
Quick List - By Title
Sunnah Online
Islam QA.com
Understand Islaam
Islaam.com
Fatwa Online.com
Islam Way.com (English)
Islam Web.net
Islam House.com
877-Why-Islam.org
Muslim Heritage.com
Audio Islam.com
Aswat al-Islam.net
Call to Islam.com
Madinah Arabic.com
As Sahwah.com
Darulehsaan.com
Islam Basics.com
Islam Tomorrow
Islam Always
Islam Yesterday
Islam World.net
Al Sunnah.com
Sultan.org
MSA of USC
Islaam.net
Understandquran.com
The Faith Network - Imaan.net
The Faith Network - Seerah.net
The Faith Network - Al Hidaayah.net
The Faith Network - Fiveonfriday
Islam 101.com
Muhammad.net
The Gospel of Barnabas
Crusades.org
Islamic Knowledge.com
About Tajweed.com
King Fahd Complex for The Printing of the Holy Quran
Al Minbar.com
International Committee for the Support of the Final Prophet (ICSFP)
Islamtoday.com
Investigating Islam
Sahaba.net
Tafsir.com
Quran and Sunnah Society
Muttaqun.com
Shariah Way
Ahya.org
Islamic Virtual School
The Muslim Woman.com
Islam Guide.com
Salafi Manhaj.com
Ansar.org
Salim Morgan's site
Luton Muslims.co.uk
Quraan.com
Ibraheem's Creed.net
Clearpath.com
Islamic Web.com
IRF.net
Jaafar Idris.com
Islamchannel.co.uk
Remember Allaah.net
Make Dua.com
The Ahlus Sunnah wal Jama'ah Association of Austrialia
Islaminfo.com
Quranspeaks.com
Shabirally.com
E Muslim.com
Examine the Truth.com
Al Islam.com
Talk Islam.com
Islamic Garden.com
Islam.call.com
Institute of Islamic Information and Education
Real Islam.com
Muhammadiyah.org.sg
Sabbir.com
jazakumullahu khayran, may ALLAH guide us and protect us all, ameen.
Jibreel said:Dowry and Mahr
In the first era of Islam marriage was a simple affair, without pomp or ceremony. Any expenditure incurred in its performance was quite minimal, and not a burden on either family. Indeed, the Prophet stated: ‘the most blessed marriage is one in which the marriage partners place the least burden on each other.’ (al-Haythami, Kitab ab-Nikah, 4:255).
Nowadays, much difficulty and hardship can be caused by the setting and giving of dowries, bride-prices and mahr – not to mention enormous wedding feasts and celebrations in some cultures which bring a most unreasonable financial burden on the families concerned. Financially crippling celebrations are totally in opposition to the spirit of Islam, and are not necessary. They are purely a matter of the culture of certain regions. No Muslim should feel obliged to continue these unIslamic traditions, or be embarrassed about breaking with their old cultural traditions.
It is very important that Muslims themselves realize that there is an enormous difference between dowry, bride-price and mahr. Many books and articles on the subject confusingly use the word dowry to mean mahr, but in fact the correct word for dowry is jahaz, and its function is totally different.
What is a dowry?
The custom of giving dowry (jahaz) is not part of Islam, although it actually seems to be on the increase among several Muslim cultures, notably those of Indian, Pakistani and Bangladeshi origin, even when they have settled in the UK. In fact, it is a practice which has never been sanctioned by Islam and is not prevalent amongst Muslims of other cultures. It seems to be in imitation of ancient Hindu culture in which daughters were not given any share in the family property, but were given payments, part of which might be in the form of household goods, as a measure of compensation. Islam granted daughters a rightful share in their family property and inheritance.
A Hindu wedding. The mahr in Islam is not the same as the Hindu bride-price or dowry.
A ‘bride-price’ is either : · an amount of money, goods or possessions given to the bride by the bride’s family at the time of her marriage, in order to attract a good husband for her. It would in effect become the property of the husband or his family upon his marrying her. This is a totally unIslamic practice. In Islam, women are not ‘owned’ by their families and should not be ‘traded with’ in this manner. It is an insulting practice. Or · an amount of money demanded from the bridegroom or his family by the bride or her family, usually the bride’s father, without which the daughter will not be given in marriage. In the jahiliyyah society before Islam, this money was regarded as the property of the girl’s guardian.
The matters of fathers giving the bride gifts of money or property, or paying for an enormous wedding feast, or providing a home, or setting her up in her home with furniture and household effects are left to the discretion of the people involved in Islam. The Prophet himself saw to the marriages of his four daughters. He gave his daughter Fatimah various gifts when she married Ali b. Abu Talib, but there is no record of his having given anything to his other daughters on the occasion of their marriages. Had such gifts been a recommended sunnah, he would surely have given the others gifts as well. Moreover, the gifts given to Fatimah were extremely modest household articles – a sheet, a leather water-bag, and a pillow stuffed with grass and fiber.
Nothing could be more unIslamic than ostentation. It is ridiculous to attempt to justify flamboyant displays of wealth in lavish gifts or feastings by citing the Prophet’s extremely modest gifts to Fatimah.
What is the Mahr?
The mahr is a compulsory part of an Islamic marriage contract. The other words for mahr generally used in the Qur’an are sadaqah and ajr, meaning reward or gift to the bride in which there is profit but no loss, and faridah, literally that which has been made obligatory, or an appointed portion. Allah commanded: ‘Give women their faridah as a free gift.’ (4:4) (Unfortunately the word is frequently incorrectly translated as ‘dowry).
It is a gift of money, possessions or property made by the husband to the wife, which becomes her exclusive property. It is an admission of her independence, for she becomes the owner of the money or property immediately, even though she may have owned nothing before. It has nothing to do with either of their parents, except that a husband might need to take a loan. This should only be done with the intention of repayment. It is also intended as a token of the husband’s willing acceptance of the responsibility of bearing all the necessary expenses of his wife.
Even if the wife owned no property or money of her own before her marriage, she is given this money or property when she marries so that she commences her married life in her new status with money or property of her own. The wife gives herself and her services to her husband, and in return he gives her property to own herself, even if she had nothing before, and pledges that he will maintain her. Muslim women are placed in charge of the internal arrangement of the household, while Muslim men are responsible for its financing (even if the wife earns her own money subsequent to her marriage).
The Prophet gave each of his wives a payment of mahr, ranging from token sums, the granting of freedom from slavery when being made a wife, to the payment of 400-500 dirhams. His wife Umm Habibah’s mahr consisted of 4000 dirhams, this sum having been fixed by Najashi, the Negus (a Christian ruler) of Abyssinia. (Abu Dawud, Kitab an-Nikah, 2:235).
There was in fact no fixed upper limit for mahr. Allah required the provision to depend upon the circumstances of the husband:
‘…the wealthy according to his means, and the straitened in circumstances according to his means. The gift of a reasonable amount is necessary from those who wish to act in the right way.’ (2:236).
In a famous case, the second Caliph, Umar b. al-Khattab, once gave a public sermon in which he asked the congregation to refrain from fixing heavy mahrs, and stated that the Prophet had declared no-one should give more than 400 dirhams. A woman immediately stood up and challenged him, quoting the verse 4:20 from the Qur’an: ‘But if you decide to take a wife in place of another, even if you had given the first a heap of gold (quintar) for a dowry, you shall not take the least bit back.’ Umar went back to the minbar and withdrew his words stating ‘the woman is right, and Umar is wrong. Whoever wishes may give as much property as he wishes to give.’ (Ibn Hajar al-Athqalani, Fath al-Bari, 9:167).
Who owns the mahr? Can it be refused?
A Muslim bride signing the Islamic marriage contract. The mahr can be specified in the contract, and is generally paid at this time. It is a gift of money, possessions or property made by the husband to the wife, which becomes her exclusive property.
The mahr is owned solely by the wife. The husband is not allowed to refuse to pay his wife a proper mahr or faridah. The settling of the payment is obligatory.
‘Women are lawful to you….provided that you take them in marriage and not fornication. As to those through whom you profit (through marriage), give them their faridah as appointed.’ (2:24).
The same applied when marrying Jewish or Christian women (5:5). If a Muslim man married someone ‘whom his right hand possessed’ (ie a slave or prisoner of war), the mahr was to grant her freedom and other payment was not required.
Caliph Umar ruled that if a woman had excused her husband his mahr, but later demanded it, the husband should be compelled to pay it on the grounds that the fact that she demanded it was a clear proof that she had not remit it of her own free will.
The case of a woman whose husband died before fixing the amount of the dowry or consummating the marriage was brought to Abdullah b. Mas’ud. He ruled that she should be paid according to the mahr of women of like status to herself.
The Shafi ‘I school rules that a wife may refuse to consummate the marriage if the husband agreed to pay the mahr immediately, but did not do so. She may have the marriage annulled.
How much should the Mahr amount be?
It is unIslamic for a Muslim woman to set a huge demand for herself, with the intention of deterring suitors of humble means. Islam does not require husbands and wives to come from the same social strata or income brackets – although this may often seem to be advisable. Islamic compatibility is based on religious faith and mutual respect, not on money, caste (another Hindu custom), class, background, nationality, etc.
It is just as unIslamic to demand a huge mahr, generally beyond the husband’s means, based on the intention of checking the husband from ill-treating his wife, or wrongfully or causelessly divorcing the wife, or preventing him from remarrying another later – the reasoning being that in cases of divorce the woman can demand the full payment of the mahr. The fixing of a substantial mahr for the above purposes rests on the supposition that the mahr has to be fixed at the time of marriage, but not handed over until divorce – which gives it a supposed ‘deterrent’ value. This is unlawful in Islam, for in this case the wife has no use or ownership of the mahr during the time of the marriage.
If the prospective husband is not a wealthy man, a generous wife may choose to accept very small mahr, but this has to be her own free choice. She should not be coerced or have pressure put on her in any way. Some of the Prophet’s female companions accepted their husbands’ conversions to Islam, or memorising of ayat of the Qur’an, or giving education to others as their mahr.
The mahr has to be fixed taking into account the bridegroom’s position in life. That is, it should not normally be more than he is easily able to afford, whether it be a lump sum or some article of value. Jurists have different views on what the minimum amount should be, but all agree that it should be substantial enough for something to be bought against it. In other words, any amount which is sufficient for a purchase is acceptable as mahr.
The husband may be loaned money by his father or family, but it must be repaid. In the case of Nabi Musa (the Prophet Moses), when he left Egypt for Madyan he married Safura the daughter of the Prophet Shu’ayb. His mahr mu’ajjal was settled and paid off by binding himself to grazing his father-in-law’s cattle for ten years without wages. Presumably Shu’ayb had paid Safura on Musa’s behalf.
A good woman might agree on a low mahr if she wishes, or none at all, according to the circumstances of her husband. Once fixed it is fixed, and legally binding – so it is good practice to have it written down and witnessed on a document. The wife should take advice on her decision, and not be blinded by emotion, or coercion, or fear, or family pressure. If any person pressurises a woman into a decision she might not have otherwise made, that person will be held to account in the Life to Come, even if he ‘got away with it’ on this earth.
One recorded hadith suggests that ‘the best woman is the one whose mahr is the easiest to pay.’ (al-Haythami, Kitab an-Nikah 4:281).
However, it is sensible for a wife to accept a reasonable mahr, as this becomes her own property as stated, and is hers to keep should the marriage fail and end in divorce.
Under what conditions is it payable?
There are two main ways of properly presenting mahr to the bride.
The first way is to hand it over in full at the time of marriage, in which case it is known as mahr mu’ajjal, or ‘promptly given mahr’. (Notice the ‘ . The word is derived from ‘ajilah, meaning ‘without delay’. This was the accepted practice during the time of the Prophet, and the amount fixed was generally quite minimal.
In the case of Fatimah and Ali, Ali informed the Prophet that he had nothing to give her. The Prophet reminded him of a coat of chain-mail he had been given. It was still in his possession, although in a dilapidated condition and worth less than four dirhams. The Prophet suggested he gave that to Fatimah, and this was done.
The second way of presenting mahr is to defer it, to hand it over to the bride after a certain period of time, the duration of which must be specified, fixed by the man and agreed by the wife. This has to be settled, with witnesses, at the time of the marriage. This form of mahr is known as mahr muwajjal. (the word implies ‘in a period of time’).
The five major schools of Islamic jurisprudence all agree that delay in handing over the mahr, whether in full or in part, is lawful provided that the fixed period for payment is not indefinite.
This method should never be used as an excuse to willfully postpone the payment. A definite date should always be fixed, witnessed, and adhered to. It should certainly not be left ‘hanging’ in case the marriage breaks down and the couple come to consider a divorce – because of the inevitable emotions, bitterness, arguments, hostilities and financial problems involved at that time.
If the husband died, or they got divorced, the mahr debt must be paid up immediately to the widow before his inheritance or other financial settlements are considered. It is her property, and not his.
Repayment of Mahr in cases of khul divorce.
A khul divorce is one in which a wife sues for divorce even though the husband has not driven her to it by his unreasonable behavior.
If there is no good reason for a wife wishing to divorce her husband, but it is a case in which she simply wishes to finish the marriage with no particular legal grounds against the husband, the husband may agree to grant her the divorce if she returns all or part of the mahr. This has to be agreed between them.
If the wife does have genuine grounds for divorce – such as cruelty, mental cruelty, breaking of the marriage contract, adultery, desertion, incurable insanity, long-term imprisonment, abandonment of Islam – then the divorce is not khul but a normal talaq, in which the wife has as much right to instigate proceedings as the husband. In these cases, she most certainly does not have to hand over any of the mahr.
If the wife has genuine grounds for divorce but the husband refuses the divorce, she may then approach lawyers for khul, and appoint an Imam to act for her. It is sensible to do this as well as having a UK lawyer. She is not required to pay back any of her mahr. Indeed, the lawyers may demand some further compensation for her if the husband is guilty. (She may have to prove his guilt, and should gather as much evidence beforehand as she can – such as signed and witnessed statements of witnesses, photographs of injuries sustained, etc).
Permalink Reply by ibrahim on July 14, 2010 at 11:17am
Permalink Reply by Jibreel on July 14, 2010 at 12:25pm wa alykum salam bro,
alhamdulillah
for the ayah in the quran about mahr we have already given a complete answer and explanation to the question or ericp kung bakit obligasyon ng lalake magdori sa babaeng mapapangasawa niya?
jazakallahu khayran bro
kung tingnan mo sa mga english translation ng ayah na binagggit ang mahr ay dowry din ang ginamit
may ALLAH guide us all
Permalink Reply by ibrahim on July 14, 2010 at 5:48pm Assalamu alaikum
Bro, malinaw ang aking katanungan. Saan ba sa mga talata ng banal na Qur'an mababasa na ang Dowry pareho lang sa kahulugan ng Manhr? At saang mga Hadith na binanggit ng Rasul ang salitang Dowry? Alam nating lahat na tayong Muslim na bago paniwalaan o gawin ang isang bagay ay dapat nakasulat sa Qur'an at sinabi at ginawa ng ating propeta. Hindi tayo katulad ng ibang relihiyon na pwedeng magdagdag o magbawas ng paniniwala.
Ang Jahaz ay Dowry at ang Manhr ay gift kaya malaki ang pagkakaiba nyan. Obligasyon ng lalaking muslim ang magbigay ng Manhr o gift sa kanyang mapapangasawa at yan ang nasa Qur'an at hindi Dowry. Maing ang propeta ay hindi nya ginamit ang salitang Dowry sa kanyang mga hadith bagkus gift ang kanyang ginagamit.
Kung may mga nalalaman kang Hadith na ginamit ng Rasul ang salitang Dowry ay ipost mo dito.
Salam
ibrahim said:wa alykum salam bro,
alhamdulillah
for the ayah in the quran about mahr we have already given a complete answer and explanation to the question or ericp kung bakit obligasyon ng lalake magdori sa babaeng mapapangasawa niya?
jazakallahu khayran bro
kung tingnan mo sa mga english translation ng ayah na binagggit ang mahr ay dowry din ang ginamit
may ALLAH guide us all
Permalink Reply by Jibreel on July 15, 2010 at 2:27pm wa alykum salam bro,
alhamdulillah,
bro kung basahin mo ang english translation of the meaning of the Glorious Quran ni Dr. M.T.D. Al-Hilali & Dr. M. M Khan pati ang kay Yussuf Ali ay dowry or dower ang ginamit na translation sa mahr na binaggit sa suratun Nisa 4:4, 20-21.
kahit ang english translation ng mga hadith na binaggit ang mahr ay dowry din ang ginamit sa english. kahit sa Minhaj Al-Muslim by Abu Bakr jabir Al-Jaza'iri sa Vol 2 page 325 ang ginamit na translation ng mahr or sadaq ay dowry din sa english.
kung tingnan mo naman ang Bulugh Al-Maram doon sa book of Marriage page 363 ang english translation na ginamit sa mahr ay jointure naman na kung tingnan mo sa dictionary ay (Jointure is, in law, a provision for a wife after the death of her husband) ganito ang meaning sa wikipedia pero kung tingnan mo ang synonymous words niya ay isa doon ay dower or dowry din.
ang binaggit ni Propeta Muhammad,sas, sa kaniyang mga AHadith ay mahr or sadaq din na parehong arabic at hindi gift dahil yan ay huli na lamang lumabas na salita sa english.
at kung tanungin mo ang ating mga kapatid sa Mindanao kung ano tawag nila sa mahr maaring iba din ang local translation nila at isa maari doon ay ang dori o dote.
actually bro walang problema kahit anong translation ang ibigay mo sa arabic word na mahr basta ang kahulugan ay tama na ito ay kahit anong bagay na may halaga (maaring memorized surah sa Quran, o kaya isang Juz, o kaya ang Shahadah ng isang lalaki, o bahay man, lupa, pera, ginto, kahit ano na may halaga) na ibibigay sa babae mula sa lalaking muslim kung pumayag siyang magpakasal sa lalaking muslim na ito ay walang problema dito.
at yan ay hindi kabilang sa pagdagdag dahil translation lamang yan at ang orginal na binabanggit sa marriage contract ay mahr din, na binaggit sa Quran ang ating pinagbabatayan.
ang dagdag na ipinagbawal sa atin sa islam ay mga paniniwala at mga gawain sa relihiyon na hindi nila ginawa noon sa panahon ni Propeta Muhammad, sallallahu alyhi wa salam, at ng kaniyang mga sahabah ay yaon ang ipinagbawal dahil yaon ay mapabilang sa bid'ah or innovation o pagbabago sa relihiyon lalo na sa mga pagsamba.
halimbawa ang hadith na sinabi ni Propeta Muhammad,sas, ang english meaning ay , Islam is based on five : Testifying that there is no god worthy to be worshipped but ALLAH and Muhammad is the Messenger of ALLAH, performing the Prayers, Paying Zakat, Pilgrimage to the House, and Fasting in Ramadan.- ito ay tama, ngunit kung halimbawang sabihin ng iba na anim ang dapat na batayan ng tao upang matawag siya na isang muslim, yan ang malinaw na dagdag bro.
pero kung sasabihin na anim ang ating pinaniwalaang haligi ng paniniwala o pananampalataya sa islam- ito ay tama pa rin.
ang translation ay hindi kabilang sa dagdag dahil ito ay kahit ano sa linguahe ng ibang hindi mga arabo upang maunawaan lamang nila ang sinasabi sa Quran at Sahih Hadith na arabic na salita, at isa dito ay mahr na arabic na salita.
ang malinaw na dagdag o pagbabago ay kung sabihin ng tao na halimbawa na ang mahr ay kahit anong mahalagang bagay na dapat ay manggagaling sa babae at ibibigay sa lalaki o magulang ng lalaki na mapapangasawa ng babae - at ito ay malinaw na haram sa Islam, at paglabag sa ipinagutos ni ALLAH, subhanahu wa ta ala.
kahit tama ang pangalan pero mali ang ginawang kahulugan ay mapapabilang yan bro sa ipinagbawal.
halimbawa ang salitang sallah ay maari mong itranslate na prayer, o dasal, o sambayang, o simba, o panalangin. habang tama ang ginagawa katulad ng ginagawa sa sallah ay walang masama na ganon ang mga translation ng salitang arabic na sallah.
ang ating binabasihan sa Islam ay hindi translation (dahil ang translation ay maaaring magkamali dahil salita ng tao yon,pero ang arabic orginal ay salita ni ALLAH sa Quran na hindi nagkakamali) kundi ang orginal na arabic na salita sa Quran kung ano ba ang tinutukoy nito at kahulugan na ipinaliwanag ng ating Propeta,sas, na naunawaan ng kaniyang mga sahabah.
yan ang kagandahan ng Islam na wala sa ibang relihiyon sa ibabaw ng mundo sa ngayon, dahil lahat sila ay walang original na Kapahayagan.
kahit ang salitang jahaz ay hindi arabic, kundi urdhu na isa sa mga major dialect in India, kaya hindi mo makita yon sa Quran o sa mga Ahadith man.
kahit tingnan mo bro ang english translation na ginagamit ng ating mga scholars sa www.islamqa.com ay ganon din ang ginagamit sa mahr dowry din.
kaya masmainam na magaral tayo sa ating mga ustadz o sheikh na may sapat na kaalaman sa Islam at sa mga scholars natin at sa mga mapagkatiwalaang sites tayo magtanong, at magbasa tayo ng mga Authentic Books in Islam with the guidance of our Ustadz or Sheikhs to explain to us as well the meaning, dahil delicado din ang self study sa Islam bro.
jazakallahu khayran.
Jibreel said:Assalamu alaikum
Bro, malinaw ang aking katanungan. Saan ba sa mga talata ng banal na Qur'an mababasa na ang Dowry pareho lang sa kahulugan ng Manhr? At saang mga Hadith na binanggit ng Rasul ang salitang Dowry? Alam nating lahat na tayong Muslim na bago paniwalaan o gawin ang isang bagay ay dapat nakasulat sa Qur'an at sinabi at ginawa ng ating propeta. Hindi tayo katulad ng ibang relihiyon na pwedeng magdagdag o magbawas ng paniniwala.
Ang Jahaz ay Dowry at ang Manhr ay gift kaya malaki ang pagkakaiba nyan. Obligasyon ng lalaking muslim ang magbigay ng Manhr o gift sa kanyang mapapangasawa at yan ang nasa Qur'an at hindi Dowry. Maing ang propeta ay hindi nya ginamit ang salitang Dowry sa kanyang mga hadith bagkus gift ang kanyang ginagamit.
Kung may mga nalalaman kang Hadith na ginamit ng Rasul ang salitang Dowry ay ipost mo dito.
Salam
ibrahim said:wa alykum salam bro,
alhamdulillah
for the ayah in the quran about mahr we have already given a complete answer and explanation to the question or ericp kung bakit obligasyon ng lalake magdori sa babaeng mapapangasawa niya?
jazakallahu khayran bro
kung tingnan mo sa mga english translation ng ayah na binagggit ang mahr ay dowry din ang ginamit
may ALLAH guide us all
Permalink Reply by Eisa Bautista on July 18, 2010 at 6:09am
Permalink Reply by Eisa Bautista on July 18, 2010 at 6:12am
Permalink Reply by ibrahim on July 18, 2010 at 11:20am
Permalink Reply by Jibreel on July 18, 2010 at 3:00pm Assalam alaikum wa rahmatullah mga kapatid..
may errata sa post ninyo, paki rectify lang po ang dalil para hindi tayo maligaw...
‘Women are lawful to you….provided that you take them in marriage and not fornication. As to those through whom you profit (through marriage), give them their faridah as appointed.’ (2:24).
...the ayat should read 4:24
Jazak allahu khair
Permalink Reply by Jibreel on July 19, 2010 at 12:19pm wa alykum salam mga kapatid,
alhamdulillah
first let us make it clear that we muslims should not argue nor try to initiate disputes with one another's knowledge in Islam rather we shuold help and assist one another in understanding the instructions and rulings of ALLAH as explained clearly by His Prophet Muhammad,sas, to his sahabah and our understanding should be based on their understanding.
We should be keen to do one of the noblest of attitudes of a Muslim.
Allaah says (interpretation of the meaning):
“So fear Allaah and adjust all matters of difference among you, and obey Allaah and His Messenger (Muhammad), if you are believers”
[al-Anfaal 8:1]
“There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allaah’s Cause), or Ma‘roof (Islamic Monotheism and all the good and righteous deeds which Allaah has ordained), or conciliation between mankind; and he who does this, seeking the good Pleasure of Allaah, We shall give him a great reward”
[al-Nisa’ 4:114]
The Prophet (peace and blessings of Allaah be upon him) told us that reconciling between people is better than observing voluntary fasts, offering voluntary prayers and giving voluntary charity.
It was narrated that Abu’l-Darda’ (may Allaah be pleased with him) said:
The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Shall I not tell you something that is better than the status of (voluntary) fasting, prayer and charity?” They said: “Yes.” He said: “Reconciling in a case of discord, for the evil of discord is the shaver.”
Al-Tirmidhi said: It was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “It is the shaver, and I do not say that it shaves hair, but that it shaves (i.e., destroys) religious commitment.”
Narrated by Abu Dawood, 4273; al-Tirmidhi, 2433. classed as hasan by al-Albaani in Saheeh al-Tirmidhi.
The verse in which Allaah says (interpretation of the meaning):
“And obey Allaah and His Messenger, and do not dispute (with one another) lest you lose courage and your strength departs, and be patient. Surely, Allaah is with those who are As Saabiroon (the patient)”
[al-Anfaal 8:46]
The verse in which Allaah says (interpretation of the meaning):
“And hold fast, all of you together, to the Rope of Allaah (i.e. this Qur’aan), and be not divided among yourselves, and remember Allaah’s Favour on you, for you were enemies one to another but He joined your hearts together, so that, by His Grace, you became brethren (in Islamic Faith), and you were on the brink of a pit of Fire, and He saved you from it. Thus Allaah makes His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.,) clear to you, that you may be guided”
[Aal ‘Imraan 3:103]
From the Sunnah of the Prophet (peace and blessings of Allaah be upon him):
(a) It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “Do not hate one another, do not envy one another, do not turn away from one another. Be, O slaves of Allaah, brothers. It is not permissible for a Muslim to forsake his brother for more than three days.”
(Narrated by al-Bukhaari, 6065; Muslim, 2559.
regarding the question, Saan nag originate ang salitang Dowry at bakit ginamit ito sa Islam?
if we search the history of this word, this word has been used since ancient times, in which this dowry was a custom that existed even in the Code of Hammurabi of Ancient Babylon in 17th-18th century BC.
This institution of Mahr, which was commanded by our Creator far before that date, because it can even be found in the Bible, which has been innovated by humans when the Prophets have long died, and it turns to be the custom of people.
so ALLAH continually sent Prophets to guide and correct humans to the right path, and the final &last Messenger is Prophet Muhammad,sas, who brought this final guidance and correction for mankind to follow in which the main message is TAWHEED.
when we read again the ayah in Suaratun Nissa 4, in english (interpretation of the meaning):
“And give to the women (whom you marry) their mahr (obligatory bridal money given by the husband to his wife at the time of marriage) with a good heart…” [al-Nisaa’ 4:4]
it is very clear that this mahr or obligatory bridal money, should be given to the woman from the man who intends to marry such a woman - you may call this mahr by any other translation as long as it is an obligatory or faridah money or anything with value that is given to the woman in marriage, then it is the same as what is defined in the ayah.
no one can get it wrong because aside from mentioning the word mahr in many ayah in the Quran, its definition is also clearly specified.
so you can even call it dowry in other language as long as it is given to woman by the man who intends to marry her as an obligatory condition of marriage then it is correct.
second, seeking knowledge in Islam is only of two types:
1. beneficial knowledge
2. non-beneficial knowledge
so one of the adabs or good manners in seeking knowledge in Islam, is to seek that knowledge in islam which is beneficial only, otherwise this effort of seeking knowledge will be useless, may ALLAH protect us.
maraming salamt din kay kapatid na eissa for the correction of the ayah, which is usually the result of copy & paste atittude without verifying the daleel in the Quran.
jazakumullahu khayran, may ALLAH guide us all and make us remain is HIS right path, ameen.
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