What Does Mahr Mean?

What does mahr mean?

The money or another property given or promised to be given by a man to his wife while marrying is called mahr. In the Holy Qur’an, there are some verses stating that a married man has to give his wife mahr and it is forbidden to take it back by force (Baqarah, 2/237; Nisa, 4/4, 20, 24, 25; Ma‘idah, 5/5). According to Hanafis, mahr is one of the consequences of nikah . Therefore, even it is not determined between the parties or even it is agreed during nikah that no mahr will be given, a woman is entitled to mahr.

Mahr is divided into two categories based on whether it is determined at the moment of nikah. If the amount of the mahr is determined at the moment of nikah, this is called as mahr al-musamma. In cases where the amount of mahr was not determined during nikah or where the determined mahr loses its validity for any reason, the woman is, then, entitled for mahr al-mithl. In that case, the amount of mahr is determined according to that of the women, who are her relatives and equal to her in every aspect.

Mahr is divided into two categories based on the time of payment: mahr al-mu’ajjal (prompt mahr) and mahr al-muwajjal (deferred mahr). Mahr al-mu’ajjal is the mahr that is paid in advance. A woman may choose not to move into the man’s house until she receives her mahr al-mu’ajjal (prompt mahr). Mahr al-muwajjal is the mahr that is paid later. If a time is determined to pay this mahr, man has to pay the specified mahr to woman when it is due. If there is no time determined for the payment then mahr becomes due upon the termination of nikah and it has to be paid. In other words, man should pay that predetermined amount in the event of divorce, and in case of his death then this amount should be paid out of his inheritance.

All kinds of interests that have material or financial value may be determined as mahr. The minimum amount of mahr is 10 dirhams (approximately the price for two sheep, at that time) according to Hanafis while it is 3 dirhams silver according to Malikis.

According to Shafiʽis and Hanbali jurists, there is no minimum and maximum limit of mahr. Hanafis and Malikis also agree with the other two madhhabs on the subject that there is no maximum limit for mahr. Umar (ra) wanted to set a maximum limit for mahrs in his caliphate in order to facilitate marriages but gave up this idea upon a woman’s objection with reference to the verse: “But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything” (Nisa, 4/20).

Mahr is provided for both making women to have interest in marriage and giving her a specific financial power.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA

Is The Nikah Solemnized Under Threat Of Parents Or Other Guardians Valid?

Is The Nikah Solemnized Under Threat Of Parents Or Other Guardians Valid?

SHARE: