Fatwa ID: 04253
Answered by: Maulana Imad Ali
What is Mahr in Islam?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
The mahr is one of the rights of the wife and the husband gives it at the time of the marriage ceremony.
Allah (SWA) in the Holy Quran has said: “And give the women their dower in a good cheer”. (Surah Nisaa v.4)
Mahr is obligatory. Allah (SWA) has used the word “faridah” for it. It means something is fixed, decided, and obligatory. It is compulsory for the husband to pay for the mahr unless the wife by her own will and without any pressure forgives the husband in paying for it. (Mazahirul Haqq p.104 v.4)
If a husband dies without paying the mahr to his wife, it will be considered an outstanding debt and will be taken out of his inheritance. (Fatawa Darul Uloom Deoband p.336 v.8)
According to the Hanafi Fiqh, the mahr cannot be less than ten Dirhams. However, there is no maximum limit of mahr, although to stipulate a very high mahr is not preferred. Saaiduna Umar Radhiallahu Anhu said: “Do not stipulate the dowry of women to high. If (doing so) was a token of honor in this world or a source of piety by Allah then your Prophet Sallallaahu Alahi Wasalam should have been more worthy of it.” (i.e. stipulating a high mahr) (Sunan Tirmizi)
Similarly, it is also preferable to stipulate that amount as mahr, upon which the daughters of the Prophet of Allah Sallallahu Alahi Wasallam were married. From amongst the daughters of the Prophet of Allah Sallallahu Alahi Wassalam, mention is made, in the narrations, of the mahr of Saaidah Fatima Radiallahu Anha.
This amount of this mahr is 480 Dirhams, although there is some difference in opinion on this. One silver dirham is equal to approximately 3.06 grams of silver, so one would calculate the price of 1469.60 grams of silver on the day of marriage to approximate the Mahr Fatimi.
Only Allah knows best
Written by Maulana Imad Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham