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Mahr is a sum of money or property a husband is bound to pay to his wife at the time of marriage.
Mahr provides for the wife’s subsistence in case of divorce or death. (Image: Shutterstock)
Mahr, or dower, is one of the basic requirements of Islamic marriage contracts. It reflects respect for women and is a necessary form of financial security. Understanding the significance of mahr helps both spouses appreciate their rights and responsibilities within an Islamic marriage framework. This wedding season, let us delve deep into the Muslim wedding culture and the concept of mehr.
What Is A Mahr?
Mahr is a sum of money or property a husband is bound to pay his wife before they start their married life.
Significance Of Mahr
The importance of mahr goes beyond financial issues:
- Mahr acts to rein in the unilateral power of the husband to divorce. It checks the unfettered exercise of this power ensuring that the husband has a financial obligation to his wife.
- Mahr provides for the wife’s subsistence in case of divorce or death.
- Islamic law grants the woman marital rights which makes her independent and secure financially during marriage.
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Historical Context
The custom of marriage in Arabia before the advent of Islam often compromised the rights of a woman. She could be cast away without being paid what is due to her. The price of the bride and marriages by “Shighar” made them vulnerable to exploitation. Mahr was thus introduced in Islam to uphold the dignity of the woman and secure her financial rights upon marriage and on the dissolution of marriage.
Types Of Mahr
Mahr can be categorised into two main types:
- Specified Dower (Mahr-i-Musamma): This is a predetermined amount agreed upon before or during the marriage ceremony. It can be further divided into:
- Prompt Dower (Muajjal Mahr): Immediately payable after the marriage.
- Deferred Dower (Muwajjal Mahr): Payable upon dissolution of the marriage.
- Proper (Customary) Dower (Mahr-i-Misl): If the amount of dower is not mentioned in the marriage contract, then proper or customary dower is granted. It depends on the status of the wife and the customs of her family.
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Islamic Legal Framework
Under Islamic law, including in jurisdictions such as India, under Muslim Personal Laws, mahr is a legal requirement of marriage. The payment of mahr by the husband is a necessity of law, regardless of whether this was specifically identified at the time of the marriage; if no dower is fixed, one is presumed according to the prevalent customs. The courts have, uniformly, held that if no dower is fixed, the marriage is valid, but a dower is payable in some form to the wife.
