Fatwa ID: 02877
Answered by: Moulana Muhammad Imad Ali
Assalamu Alaikum Wa Rahmatullah
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.
Sayyiduna 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 than your Prophet SallallaahuAlahiWasalam should have been more worthy of it.” (i.e. stipulating a high mahr) (SunanTirmizi)
Similarly, it is also preferable to stipulate that amount as mahr, upon which the daughters of the Prophet of Allah Sallallahu AlahiWasalam were married. From amongst the daughters of the Prophet of Allah Sallallahu AlahiWasalam mention is made, in the narrations, of the mahr of Sayyidah 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 MahrFatimi. Nowadays silver is worth approximately £00.62 per gram, therefore, the minimum mahr and the MahrFatimi will be:
Mahr Fatimi Approximately = £1146.28
Minimum Mahr Approximately = £23.88
(Amount will depend on the silver price)
Only Allah SWT alone knows best.
Written by Moulana Muhammad Imad Ali
Darul Ifta Birmingham