INTRODUCTION

The concept of Mahr, in the context of Islamic marriages, holds a profound significance that
extends beyond a mere financial transaction. Mahr, often referred to as "dower" in English, is a
mandatory and integral element of the marriage contract in Islam. Rooted in the teachings of the
Quran and the traditions of Prophet Muhammad (peace be upon him), Mahr is a unique
expression of commitment, responsibility, and respect within the marital relationship.

In Islamic terminology, Mahr is the gift or payment that the groom presents to the bride during
the marriage ceremony. This financial offering is considered the exclusive right of the bride,
signifying her economic independence and dignity. The Quran explicitly addresses the
importance of Mahr, stating, "And give the women [upon marriage] their [bridal] gifts
graciously. But if they give up willingly to you anything of it, then take it in satisfaction and
ease" (Quran 4:4). This verse underscores the voluntary and considerate nature of the Mahr
transaction, emphasizing the mutual respect and understanding between the spouses.

The essence of Mahr lies not in its material value but in its symbolic representation of the
husband's commitment and responsibility towards his wife. It serves as a tangible
acknowledgment of the financial support and security that the husband pledges to provide within
the marriage. Ad1ditionally, Mahr acts as a safeguard for the wife's rights, ensuring her well-
being in the event of divorce or the husband's demise.

While Mahr is a legal and religious obligation, it transcends the realms of legality to encompass
moral and ethical dimensions. It discourages arbitrary divorces, encouraging spouses to carefully
consider the consequences of such decisions. Moreover, Mahr plays a role in preserving cultural
traditions, as its determination and presentation often involve unique customs that add cultural
richness to the marriage ceremony.

In this introduction, it becomes apparent that Mahr is not merely a customary ritual but a
fundamental aspect of Islamic marriages, embodying principles of justice, equity, commitment,
and respect. As we delve deeper into its significance, we uncover the multifaceted roles that
Mahr plays in upholding the sanctity of marital bonds in Islam.

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 What is Mahr?

The Mahr, which must be given by the husband to his wife at the wedding, is the customary
present. The word for such a gift in Arabic is Mahr (Meher).

Before the wedding, the Muslim groom must first agree to a financial arrangement with the
bride. Mahr is a financial arrangement that is given to her as a gift and is available for her to use
however she sees fit. The girl can utilize the Mahr as protection if she does not have any
belongings from her home. The parties usually enter into Mahr contracts in order to agree on the
Mahr payment.

The choice of what to do with the money obtained in the form of Mahr is totally up to the wife.

Simply put, the wife must decide how to use the Mahr money she has been given. Nobody one
except herself is allowed to take any part of it away from her. Even the rights to Mahr are not
shared by the wife’s parents.

If the wife later asks for a divorce, she will give the Mahr back to the husband and obtain a
Khula. The wife is typically allowed to keep the Mahr when a divorce occurs for unimportant
grounds.

Allah says in Surah An-Nisa, verse 20:

“But if you want to replace one wife with another and you have given one of them a great
amount (in gifts), do not take2 back from it anything. Would you take it in injustice and manifest
sin?” [4:20]

Also, this hadith states: “You are not entitled to take back any money. If you have told the truth,
the Mahr you paid was for having sexual relations with her lawfully”. [Sahih Bukhari].

Importance of Mahr
A few essential elements are present in nikah without which it would not be complete. One of

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these is the Mahr, which is a present given by the husband to his wife, whether material or
intangible.

Allah says in the Quran,

“So marry the slave girls with their people’s permission. and give them their compensation
according to what is reasonable.” [An-Nisa 4:25]

Even with their guardian’s approval, Allah made it obligatory for the latter to offer them
anything when they got married to them. In the same way, Allah mandated Muslim men to
continue providing for their wives’ basic needs such as food, clothes, housing, and maintenance
after the marriage.

Historical Perspective of Mahr in Islam:

Mahr has been an integral part of Islamic marriage customs since the time of Prophet
Muhammad (pbuh). The tradition of Mahr finds its roots in the Quranic teachings and the
Prophet (pbuh)’s Hadiths. From the early Islamic era to the present day, Mahr has continued to
play a crucial role in solemnizing Muslim marriages, reflecting the lasting commitment between
the husband and wife.

Quranic and Hadith References to Mahr in Islam:

The Quran contains several verses mentioning Mahr, affirming its significance in Islam. For
instance, Surah An-Nisa (4:4) states, “And give the women [upon marriage] their [bridal] gifts
graciously.” This emphasizes the importance of providing a gift to the bride as an essential
element of the marriage contract. Additionally, various Hadiths provide further insight into the
Prophet Muhammad (pbuh)’s encouragement of giving reasonable and fair Mahr to brides,
ensuring their financial well-being and dignity.

Purpose and Symbolism of Mahr in Islam:

Beyond its material value, Mahr holds profound symbolic meaning in Islamic marriages. It is a
gesture of love, respect, and f3inancial security from the groom to the bride. By giving Mahr, the
husband demonstrates his commitment to care for and support his wife throughout their married

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life. In return, the bride accepting the Mahr symbolizes her acceptance of the marriage and the
responsibilities that come with it.

Mahr, which must be paid to the bride in cash or other possessions, is a symbol of the husband’s
responsibilities. The Mahr is recommended according to social standards rather than being fixed
by law. Mahr assessments take place at the time of marriage or are postponed till later. The
delayed Mahr is null and invalid in the event of divorce or death, nevertheless.

As Prophet Mohammed said,

“Surely Allah may forgive any sin on the Day of Resurrection save the sin of one who
misappropriated the Mehr of a woman or the wages of a hired person, or who sells a free person
(as a slave).”

How much Mahr in Islam

Determining the appropriate Mahr amount is crucial in Islamic marriages. Islamic teachings
emphasize fairness and reasonableness in this regard. Factors such as the financial capability of
the groom, prevailing customs, and the welfare of the bride should be considered when setting
the Mahr amount. It is essential to strike a balance between adhering to Islamic principles and
respecting cultural practices.

Our Prophet [SAW] says,

“Go and look for something, even if it is a ring of iron.”

When the Prophet Muhammad officiated at or assisted in the weddings of his companions, he
gave his approval for a wide range of Mahr, from a straightforward iron ring to a chunk of gold
the size of a date stone to the knowledge of the Hadith and Quran.

Payment and Disbursement of Mahr:

The process of paying Mahr to the bride may vary based on cultural norms and local customs.
Some couples choo4se to pay the Mahr in full during the marriage contract ceremony, while

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others may agree on deferred payments or installments. However, Islamic guidelines ensure that
the Mahr directly benefits the bride, enhancing her financial security and well-being.

Mahr in Modern Times

In contemporary society, Mahr can serve as a bridge between traditional Islamic values and
modern perspectives on marriage. When practiced in line with Islamic principles, Mahr
empowers women and promotes equality within the marital relationship. However,
misconceptions and cultural practices sometimes deviate from the true essence of Mahr in Islam,
requiring a reemphasis on its significance.

Legal Aspects of Mahr:

Mahr is not solely a religious tradition but also a legally binding aspect of the marriage contract
in Islamic law. Its recognition in Islamic jurisprudence ensures the protection of the rights of
both parties. In different countries, the enforcement of Mahr agreements may vary, but its
significance remains consistent in the eyes of Islamic law.

Mahr and Women’s Rights:

Mahr plays a pivotal role in safeguarding women’s financial security and rights within the
marriage. It acts as a mechanism for empowering women, ensuring they have a sense of agency
and dignity within the marital relationship. In cases of divorce or the husband’s demise, Mahr
provides a safety net for women, protecting their financial well-being.

Best Mahr in Islam

The Prophet5 Muhammad (PBUH) reportedly stated that the Mahr should be “one piece of gold”
in a hadith. However, the bride and the groom’s parents or legal guardians (also known as Wali)
come to an agreement on the Mahr amount. To determine the Mahr sum, the parties frequently
draft Mahr contracts.

Mahr is the most essential criterion for Nikah, according to all the Hadith and verses of the
Quran mentioned above. The bride’s right, or mahr, should be granted to her, and she is entitled
to preserve it even if she gets divorced after the nikah.
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Can Mahr be Gold?

The fundamental tenet is that the man must provide the woman the mahr that he agreed upon. It
is OK if they come to an agreement on something different, or on more or less, because Allah
states in the Quran (interpretation of the meaning):

“but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you”

[al-Nisa’ 4:24]

Can Mahr be forgiven in Islam?

Only the wife herself has the power to lower the sum or, if she so chooses, forgive the complete
amount of mahr!

If the husband is unable to pay the full amount, he may humbly ask his wife to take a reduced
payment; alternatively, if he is totally unable to pay, he may sweetly and humbly ask her to
forgive the debt. The husband will be released from his obligation if the wife agrees to his
request and lowers or forgives the amount without being coerced, forced, or otherwise
manipulated.

However, if the woman demands that the husband give her the promised mehr for any reason, he
must fear Allah and give her the sum that they had previously agreed upon.

Nature of Mahr
Mahr is an essential requirement of Muslim marriage. Thus, it is obligatory for the husband to
pay Mahr to the wife upon marriage. A wife has an unrestricted right to demand Mahr from her
husband. In Abdul Kadir vs Salima AIR 1980, J Mahmood observed that Mahr may be
regarded as a consideration for connubial intercourse by way of analogy to the contract for sale.
It provides the woman with the right to resist the husband until Mahr is paid. This right is akin to
the right of lien of a vendor upon sold goods while they remain in his possession and so long as
the price for the goods has not been paid. In Smt Nasra Begum vs Rizwan Ali AIR 1980, it was
held that right to dower precedes cohabitation. Thus, a wife can refuse consummation of
marriage until Mahr is paid.
The right of a wife to her dower puts her in a similar position as that of other creditors. Just like
other creditors, she must be paid out of the property of the husband. Thus, it can be said that
Mahr is a kind of debt upon the husband incurred in marriage. However, at the same time,
payment of Mahr is not a charge upon the estate of the husband, unless an agreement is made to
that effect. The interest that a wife has over the property of her husband in lieu of dower debt is
limited to existing lawful possession towards her self enjoyment only. It does not give her the
right to alienate the property. After the death of the husband, she can sue the heirs for the dower
but the heirs are not personally liable for it. They are liable only to the extent of their share in the
inherited property.
A dower can also be secured by an agreement just like any other debt. In Syed Sabir Hussain vs
Farzand Hussain, a father stood surety for payment of dower by his minor son. After his death,
his estate was held liable for the payment of his son’s dower.

Legal Consequences of Mahr (Rights of wife in case of non-payment of Mahr)

1. Dower is like a debt and the husband is liable to pay it to the wife before the
consummation of marriage. Until it is paid, the wife has a right to resist cohabitation with
the husband.

2. If the wife is in possession of husband’s property, she has a right to retain it until dower
is paid. She does not get a title to the property and does not get a right to alienate it.

3. Wife can sue heirs of the husband for payment of dower.

4. If the dower is deferred, the wife is entitled to it upon dissolution of marriage either due
to divorce or due to death.

5. Dower is a vested right and not a contingent right. Thus, even after the death of the wife,
her heirs can demand it.

6. If dower has not been agreed upon at the time of marriage, courts can decide the amount
of dower by taking the financial status of the husband, age of the wife, cost of living, and
property of the wife, into consideration.6

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Right of wife over husband’s property
Dower ranks as debt and the wife is entitled, along with other creditors, to have it satisfied on the
death of husband out of his estate. Her debt, however, is no greater than any other unsecured
creditor except that if she is lawfully in possession of the husband’s property, she is entitled to
that possession until she is able to satisfy her debt by the rents or issues accruing out of the
property. She is also entitled to possession against the heirs of the husband until her dower is
satisfied.

Limitations on right of retention –

This right arises only after the death of the husband or after divorce. During the course of
marriage, a wife does not have any right to retain the property.
She should have obtained the possession lawfully.
Right to retention is not analogous to mortgage. Thus, she does not get title to the property in
case dower is not paid. Further, if the property is mortgaged, the wife cannot retain possession
against the mortgagee.
Wife cannot alienate the property. She has to satisfy the dower only though the rents or other
issues accruing from the property.

In a leading case of Mohammed Ahmed Khan v. Shah Bano Begum

Facts:

Shah Bano Begum was thrown out of the house and was divorced by her husband in 1978. She
approached the court by filing a petition for maintenance under section 125 of Cr.PC. Her
husband contended that he has no obligation to maintain her as he had already paid Rupees 3000
by way of dower.

Judgement:
The Supreme Court observed that dower is paid by the husband as a mark of respect to his wife.
Also, mahr is an7 amount that is payable either at the time of marriage and if not paid then at the
time of dissolution of marriage. The court further said that such women are even entitled to
maintenance under section 125 of Cr.PC.

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 Who can change Mahr
A husband can increase the amount of debt at any time, though he cannot decrease it.
A wife can remit the dower wholly or partially. The remission of Mahr by wife is called Hibe e
Mahr. However, she should have attained puberty to do so. She does not have to be a major to
relinquish Mahr, only attaining puberty is sufficient. The remission made by the wife should be
with free consent. Thus, in Shah Bano vs Iftikhar Mohammad 1956 Karachi HC, when a wife
she was being ignored by husband and thought that only way to win him back was to waive
Mahr, her remission of Mahr was considered without her consent and was not binding on her.

Kinds of Mahr

Mahr is of two kinds – Specified (Mahr i Musamma) and Customary or Proper (Mahr i Misl)

Specified Dower means the dower that has been agreed upon by the parties at the time of
marriage. Such a dower can be settled before marriage, at the time of marriage, or even after the
marriage. In case of a minor or a lunatic, the guardian can fix the amount of dower. Dower fixed
by the gu8ardian is binding upon the boy and after attaining puberty or majority, he cannot take
the plea that he was not a party to it.
A husband can settle any amount as dower to his wife, even if that leaves nothing to the heirs but
he cannot settle for less that 10 dhirams in Sunni Law. Shia law has no minimum. For those
Muslims who are so poor that they cannot even pay 10 dhirams, they can teach the wife Quran in
lieu of paying Mahr.

Specified dower can further be divided into two categories – Prompt (Mu Ajjal) and Deferred
(Mu Wajjal).

Mu Ajjal – As the names suggest, Mu ajjal dower means that the dower is payable immediately
upon the marriage.

 The wife has a right to refuse cohabitation with the husband until she is paid the dower.

 If the wife is a minor, the guardian can refuse to allow the wife to be sent to the husband
until dower is paid.

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  Only after the payment of dower, the husband is able to enforce the conjugal rights.
However, if the marriage is consummated, the wife cannot refuse cohabitation after that.

 Prompt dower does not become deferred after consummation and the wife has the right to
demand and sue for it any time.

 The period of limitation starts after demand and refusal and it is of three years.

Mu Wajjal – It means that the dower is payable upon dissolution of marriage either by divorce
or by death of husband.

 Even though it is deferred, an agreement to pay be before is valid and binding.

 A wife does not have a right to claim dower but a husband can treat it as prompt and
transfer property as payment.

 A widow can relinquish her claim to dower at the time of the funeral of the husband by
reciting a formula, but her relinquishment must be a voluntary act.

 The interest of wife in deferred dower is a vested one and her heirs can claim it after her
death.9

Customary or Proper Mahr (Mahr I Misl)

When the amount of dower is not fixed in the marriage contract or even if the marriage has been
contracted on the condition that she will not claim any Mahr, the wife is entitled to Proper
Dower. The amount is to be arrived upon after taking into consideration the amount of dower
settled for other female members of the father’s family. It is also regulated with reference to the
following factors –

 age, beauty, fortune, understanding, and virtue of wife.

 social position of the father

 dower given to her female paternal relations.

 the economic condition of the husband.

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  circumstances of the time.

Difference between ‘Mahr’ and ‘Dowry’

Mahr literally means “dower,” however there are some key distinctions between the two words.
Mahr is a legal principle in Islam that protects women’s financial security. Dowry, however, is a
societal evil. The bride’s family is typically asked for dower by the bridegroom’s relatives as a
gift for the union. Therefore, it should be highlighted that dowry and mahr are two distinct ideas.
One promotes security, while the other is bad for society.

LANDMARK CASES

 Beena v. B. Mohammed (2015)

Facts:

The petitioner was a Christian before marriage and converted to Islam to marrythe defendant.
The petitioner was an employeewho used to work under the defendant for a monthly salary of
Rupees 6,000.

It was the petitioner’s 2nd marriage and at the time of marriage, the respondent agreed to pay 10
sovereigns of gold ornaments as dower. The petitioner was divorced by her husband and the
dower was not paid to her at the time of dissolution of marriage.

Judgement:

Kerala High 10Court held that as it was a case of prompt dower the defendant was liable to pay
the dower either on demand by the wife or at the time of marriage or dissolution of marriage. As
the dower was never paid by the defendant he is held liable to pay the dower which was fixed at
the time of mar

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  Hakim Masihuddin v. Abdul Wahid (2010)

Facts:

Ishrat Bano married to the defendant in Delhi as per the Muslim customs. Ishrat had a daughter
named Rifatfrom her earlier marriage who was accepted by the defendant as his daughter. This
was the 2nd marriage for both the defendant and Ishrat Bano and a dower of amount Rupees
20,000 was fixed at the time of nikkah.

Ishrat Bano repeated11ly requested the dower amount which she never received from her husband
during her lifetime. On 17th January 2004,Ishrat Bano died. The plaintiffs i.e. the father of the
deceased and minor daughter of the deceased filed a suit for recovery of dower amount and
dowry articles.

Judgement:

The issue was decided in favour of the plaintiffs and the court ordered a decree for recovery of
the dower amount of Rupees 20,000 + future interest at the rate of 6% per annum.

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