If anyone has questions about marriage and women’s issues, please do not be afraid to send it to my ask.

Anonymous IS enabled, so please ask the questions you’d like.

If you forgot to hit anonymous, just let me know that the question was supposed to be anon.

:)

The Mahr, Part 3

The Status of the Mahr

The mahr is not a prerequisite or an essential component of the marriage contract.  It is a ruling and a requirement of a sound marriage.  In regards to mahr, a small amount of uncertainty concering it is overlooked as well as a small amount of potential harm that is expected to be removed.  However, if there is no specific mahr that is mentioned in the marriage contract, the marriage contract is still valid.  In this case, the husband is required to give his wife a mahr which is comparable to the mahr that women who are similar to his wife receive, which is in agreement with scholars (Kashaaf al-Qinaa, vol. 5, p. 144; al-Badaai, vol. 2, p. 274; al-Muhadhib, vol. 2, pp. 55 and 60; al-Sharh al-Sagheer, vol. 2, p. 448; al-Fiqh al-Islaami wa Adillatuhu by Wahba al-Zuhaili, vol. 7, pp. 23 and 254). 

In regards to the above statement, the evidence lies here:  “There is no sin upon you if you divorce women while you had not yet had sexual relations with them, nor appointed for them a dower” (Surah al-Baqara, ayah 236).  This verse permits divorce before consummation and before determining the mahr.  This also indicates that the mahr is neither a necessary component nor a prerequisite for the marriage contract.

It is also confirmed in the Sunnah:  From Uqbah ibn Aamir who narrated that the Messenger of Allah (saw) said to a man, “Would you be pleased if I were to marry you to so and so?”  He said, “Yes.”  Then, he said to the woman, “Would you be pleased if I were to marry you to so and so?”  She said, “Yes.”  So, he married the two of them together.  Uqbah consummated the marriage and did not establish any mahr for her.  When he was about to die, he said, “The Messenger of Allah (saw) married me to so and so and he did not state a mahr for her and I did not give her anything.  Therefore, I give her as the mahr my share [of the war booty] in Khaibar.”  She took it and sold it for two hundred thousand [dinars] (Recorded by Abu Dawood, 2117, The Book on Marriage, Chapter on one who marries and did no determine a dower until he does, classified as hasan.  Al-Hakim recorded it in al-Mustadrak (vol. 2., p. 182), and he declared it sahih.  Al-Dhahabi agreed with his assessment).

“…if two spouses agree to get married without a dower, the marriage is valid according to the majority of the scholars, save the Malikis.  When the marriage is consummated or when the man dies, she has the right to a dower that is comparable to the dower given to those women who are similar to her.  According to the Malikis, if two agree to get married with a dower, the marriage is not valid.”  (Bidaayah al-Mujtahid, vol. 2, p. 52).

It states in al-Mughni, “Marriage is sound without the stating of the dower according to the vast majority of the scholars.”  (Al-Mughni, vol. 6, pp. 680-681).

However, Ibn Taimiya states that one should state the mahr at the time of the marriage contract in order to avoid any dispute or confrontation.  He wrote:
“Those who state that the dower is not a goal in itself are making a statement that has no truth to it.  It is, in fact, an essential component of the marriage and it being a condition of it makes it a more important condition than the price [in a sale] for the Messenger of Allah (peace be upon him) said, ‘The conditions that have the most right to be fulfilled are those conditions that make the private parts lawful.’  (Recorded by al-Bukhari, 5151, The Book on Conditions, Chapter on conditions for the dower at the time of the marriage contract; Muslim, 1418, The Book on Marriage, Chapter on fulfilling conditions and marriage).  Wealth is permissible in exchange for other wealth.  However, the private parts are not permissible for another except with the dower.  A marriage can be enacted without stating or fixing the amount of dower, but it cannot be enacted while negating the dower.  For the marriage in which the dower is not stated, the dower then becomes the dower of a similar woman…  What is confirmed in the Qur’an, Sunnah, and consensus is that a marriage can be enacted without fixing the dower.  But it cannot be enacted while negating the dower.  In fact, Allah has said, ‘Indeed, We know what We have enjoined upon them concerning their wives and whome their right hands possess’ (Surah al-Ahzaab ayah 50).  [Since the preceding portion of the verse] states that the Prophet (peace be upon him) may marry without a dower, it was made obligatory upon them to marry with a dower.  This is what the Qur’an indicates in more than one place.  There must be either a stated dower or a non-stated dower [but there cannot be a marriage if there is a refusal to accept the payment of a dower].  (Majmoo Fatawa Shaikh al-Islaam ibn Taimiya, vol. 29, p. 344; translated from the new edition of Majmoo Fatawa, vol. 15, part 29, p. 189).

There are three possible scenarios:

• The two agree upon not having a mahr.  This isn’t allowed and the marriage contract is not valid.
• The mahr is clearly stated at the time of the marriage contract.  This is normal and the most agreed upon.
• The last is where the mahr is not mentioned at the time of the contract.  This is permissible and the women will receive what women similar to her receive or whatever they may later agree upon.

The Mahr, Part 2

What is the Ruling Concerning Stating the Mahr at the Time of the Marriage Contract?

It is a Sunnah to state the mahr at the time of the marriage contract in order to prevent any future dispute or arguments.  In the Qur’an, it states:  “All others [women other than those stated in the verse] are lawful for you, provided you seek them [with a dower] from your wealth” (Surah al-Nisaa ayah 24).

The Prophet (saw) said to the one who was to marry the woman who had offered herself to the Messenger of Allah (saw), “Seek something [to give her as a dower], even if it be a ring made of iron”. 
(Recorded by Bukhari, sahih, 5078, The Book on Marriage, Chapter on marrying those in dire straits; Recorded by Muslim, 1425, The Book on Marriage, Chapter on the dower (Marriage rings will be discussed at a later time, insha’Allah)).

The scholars also reached an agreement that it is correct to state the mahr at the time of the contract, but it is not a prerequisite for the validity of the contract (Haashiyah al-Raudh al-Murabi bi-Sharh Zaad al-Mustaqni, vol. 6, p. 364; al-Ifsaah an Maani al-Sihaah by Ibn Hubairah, vol. 2, p. 135).

The Mahr, Part 1.

The Mahr

The meaning of sadaaq (or mahr) is an exchange.  The plural is asdiqah for numbers between three and ten and suduq of larger numbers.  It is a way to honour the wife by giving her something when getting married.

What’s the Point of Giving a Mahr in Islam?

The giving of the mahr to the wife is to make the woman’s heart pleased and to honour her.  It is also a way to bring an end to the Days of Ignorance, where a woman used to be wronged, exploited, despised, and robbed of her wealth.  In Pre-Islamic days, women were literally just given away.  She was poor, destitute, and didn’t have the rights to own anything in the home and outside of the home.  All of her belongings belonged to the man.  With the new rules of mahr implemented in an Islamic constitution, the mahr is her possession and no one, not even her husband, guardians, or relatives, can have any say or share in it.  The wife is allowed to do anything she wants with it, as long as it’s done in a legal manner, such as lending it or giving it away to charity.

Musings of a Student: In Regards to "The Marriage Files"

bibimbop-salafi:

Insha’Allah, by next Saturday…this Saturday? I don’t know, I always start my weeks on Sundays, so THIS Saturday, I should, insha’Allah, have a post or two regarding some of the categories listed on the main page of the blog.

Training has been taking up all of my time and the second medicine I…