Introduction:
The wife has the right to deny her person (to her husband) or to go on a journey with him until she receives the mahr. The husband has no power to prevent her from travelling or going out of his house. Until he has paid the whole exigible mahr.
–The Hedaya says
A mahr is important for each Muslim marriage contract. The mahr might be isolated into two sections. To start with, there is the muqaddam, or the brief mahr, which the spouse must get at or following the wedding service.
The second aspect of the mahr, called the mu’akhar, is a conceded and guaranteed sum, payable at any settled upon date following the culmination of the marriage. Regularly the conceded sum is bigger than the sum paid at marriage. In principle, the conceded sum should give the spouse a method for help, and is related with the passing or separation of the husband, be that as it may, this is a more conventional instead of Islamic position on the issue. The muqaddam ought to be seen as significant as the underlying dowry instalment as it is a commitment to be satisfied by the spouse and is thought of obligation in the event that it isn’t given to the spouse inside the time span settled upon between the couple.
The mahr in any Islamic marriage contract is an essential strict right of the spouse and the husband may not lessen the mahr. Indeed upon the spouse’s demise, the conceded mahr is paid from his home before every other obligation, since it is a strict necessity. there is no impediment in the sort of Mahr—it tends to be any kind of property, for example, gold, silver, land, cash, homegrown machines, floor coverings, dishes, vehicles, garments, and whatever other things that can be claimed. In any case, it is in the acceptable interests of the lady that, if achievable, she sets her Mahr to be land, gold, silver, and such. This is so its value doesn’t diminish after some time and can be her hold. The genuine proprietor of Mahr, paying little heed to the sort of property, is the spouse. Nobody has the privilege to utilize or claim her property without her assent; even her dad, mother, or spouse. The benefits of a lady’s properties moreover have a place with herself. The agreement of Mahr is one such method. So as to demonstrate his friendship, honour his significant other, and accomplish her heart, he presents to her a blessing called Mahr. A recently hitched lady needs a method for the job— home, food, garments, and so on, It may be that one purpose behind the perfect enactment of Mahr is to encourage in ladies a sensible measure of security and simplicity as respects such livelihoods.
Mahr is the thought for the agreement of marriage between the gatherings. It might be as cash and additionally merchandise given by the Bridegroom to the Bride in thought for the marriage. It is a fundamental component of Muslim marriage and is only held for the utilization of the female accomplice. Instalment of Mahr could be quick (brief), or conceded.
As indicated by Islamic law, an observer ought to be rational, grown-up and solid. This necessity is sexual orientation/confidence unbiased. Henceforth, the Muslim Marriage Certificate needs to be seen by ‘two grown-up observers of good character’.
- TWO men can be the observer
- ONE man and TWO ladies can be the observer
- ONLY ladies can not be the observer
In Abdul Kadir versus Salima[i]
This case was contended before the Full Bench, Mr. justice Mahmood said that-
In this perspective on the case, the reference can’t, as I would see it be sufficiently replied without considering, first, the specific nature and impact of marriage under the Muhammadan law upon the contracting parties; also, the specific idea of the obligation of the spouse to pay the dower; thirdly, the wedding privileges of the gatherings as to intimate living together; and fourthly, the standards of the overall law regarding the declaration of Court in such cases.
In Nawab Sadiq Ali khan versus Jai Kishori[ii]
On account of a Shia female, the time of adolescence starts with the monthly cycle, it has been held by the privy committee in shia case that the age of the lion’s share on account of the young lady is achieved at nine years old years.
In Pooja Arya versus the State of UP[iii]
Where a Muslim young lady wedded a Hindu kid, which made a furore in neighbourhood networks, in cases like this law specialists purchase harmony at the expense of sacred rights and benefits.
Mahr amount
- Hanafi Law, 10 Dirhams
- Malaki Law, 3 Dirhams
- Shafi Law, No fixed amount
- Shariya Law, No fixed amount.
The Quran likewise communicates Mahr in this way, as it is called َّن هِ ِقاتُصد َand presents it as a Nihlah, which means blessing or enrichment. This is one of the favourable circumstances and methods of reasoning for the enactment of Mahr.
Types Of Dower
1. Specified Dower
Mahr is the thought for the agreement of marriage between the gatherings. It might be as cash and additionally merchandise given by the Bridegroom to the Bride in thought for the marriage.[iv] It is a fundamental component of Muslim marriage and is only held for the utilization of the female accomplice. Instalment of Mahr could be quick (brief), or conceded.
As indicated by Islamic law, an observer ought to be rational, grown-up and solid. This necessity is sexual orientation/confidence unbiased. Henceforth, the Muslim Marriage Certificate needs to be seen by ‘two grown-up observers of good character’.
2. Unspecified Dower
The commitment to pay dower is a legitimate obligation with respect to the spouse and isn’t needy upon any agreement between the gatherings. Consequently, the spouse’s obligated to pay Mahr regardless of whether it isn’t determined.
3. Rapid And Slow Dower
A specialized term for Prompt is Muajjal and for Deferred is Muvajjal. The term Muajjal is gotten from a root signifying ‘hurry’, ‘to continue’ while the term Muvajjal is gotten from the root signifying ‘postponed’ or ‘conceded.’
The brief dower is payable following the marriage yet the conceded Dower becomes payable either on the disintegration of the marriage or on the incident of a predefined event. In Ithna Ashari Law, the assumption is that the entire of the dower is immediate however in Hanafi Law, the position is unique.
Remedies Of A Muslim Women To Recover Dower
The option to dower is a natural right of each Muslim spouse. Yet, except if this privilege is viably authorized, it is of no utilization to her. Under Muslim after methods for authorization of the option to dower are accessible to a spouse (or widow).
Refusal of Conjugal Rights
Prior to culmination of the marriage, the spouse is qualified for deny living together to the husband till he gives her Prompt Dower on request. It is to be noticed that under Muslim law a spouse has the option to live together with his better half and she can’t deny the equivalent with no sensible reason.
However, non-instalment of Prompt Dower under the steady gaze of culmination is a legitimate avocation for the spouse to decline living together. A Muslim-spouse can decline to live with her better half and decline to him the sex inasmuch as the Prompt Dower isn’t paid to her.
Requirement of Dower as obligation
Where the marriage has been fulfilled, the spouse can’t implement her case by rejecting intimate rights to the husband. In such a circumstance the spouse can recuperate her unpaid dower by keeping up an activity in a courtroom. She may understand it from the spouse in a similar way as a lender recuperates his credit.
Widows Right of Retention
After the demise of the spouse, the best strategy for authorization of dower is the activity of the right of maintenance. A widow, whose dower stays unpaid, has a privilege to hold the properties of the spouse till her dower obligation is fulfilled. This privilege is named as the privilege of maintenance in lieu of unpaid dower and it is accessible to a widow, regardless of whether there is any understanding between the gatherings for this privilege or not.
Under this privilege, if a spouse has claimed her better half’s properties legally (with free assent of the husband) in lieu of unpaid dower, at that point she is qualified to hold that ownership after the demise of her significant other until her dower is paid out of the properties held by her.
Mahr In Islamic Writings
The Encyclopaedia of Islam’s entrance on mahr states: “As indicated by a custom in Bukhari, the mahr is a fundamental condition for the legitimateness of the marriage: ‘Each marriage without mahr is invalid and void’.”According to Islamic lessons in the hadith (expressions of Muhammad)[v], mahr is the sum to be paid by the husband to be to the lady at the season of marriage, some of which might be deferred by what is settled upon by the life partners. The mahr is for her to spend as she wishes. It tends to be money, gems or some other significant blessing. Sometimes, per Sahih alBukhari (Volume 7, Book 62, Number 72), even an iron ring can be mahr. Surah A Nisa(4.4, 4.19, 4.20, 4.24), Surah-Mumtahinah (60.10 and 60.11 )of Qur’an require a husband to be to give a dower to a lady.
Mahr After Divorce
If the divorce took place before the marriage is consummated, then she has the right to get half of the Mahr mentioned and agreed upon between them, unless she or her guardian agree to forego it. But if the Mahr is not defined and mentioned, then she has the right for a suitable gift from the husband according to his means. It is reported that Ibn Abbas said: “The top of the suitable gift is to provide a servant (for her), the lesser than that would be to provide her with silver, and lesser degree still would be to provide her with clothing. However, if the marriage is not consummated (had any sexual intercourse with her) or if he did not stay in seclusion, then there is no provision for her.
The first source of Islamic law, the Quran, is not expressed on the subject as to ‘when mahr is payable’. It, however, describes mahr as a ‘gift spontaneous’ which implies its earnest and earliest presentation to the wife.
Again mahr is described as a ‘reward’ which is given to the wife to bear with some pleasance the agony and disquietude caused by the separation from parental home and apprehensions about the new matrimonial life. So in view of its specific nature and purpose, the mahr demands its immediate fixation, dispassionate specification and keen presentation. Enforcement of Mahr by Muslim Women A study of ahadith reveals that for the marriages contracted by or in the presence of the Prophet the fixation and payment of the mahr has taken place at the time of marriage itself. It was in this spirit that once the Prophet made curious inquests from a poor man who sought the hand of a women in his presence. The Prophet asked him.
Go to your home and see if you have something. Look for something even if it is an iron ring. How much of the Quran do you know?…
Go, I marry her to you for that much of the Quran, as mahr, which you know.
It shows that the Prophet was keen to see the Quranic directives followed by his people without any delay with an earnestness so that its basic purpose gets served. At the time of the marriage of Fatima his daughter, with Ali the Prophet asked him:
‘What you have to present as mahr?…What you have done with Huttiya (name of armour) which Ali had got as booty in the battle of Badr…’ ‘That I have,’ Ali answered. ‘Enough, that would do,’ was the Prophet’s reply. From the above references we infer:
• That the property constituting the subject matter of mahr must preferably be readily available for presenting to the wife.
• That mahr must be fixed and presented to the wife at the time of marriage.
Socio-Economic Position Of Women
In Abdul Kadir v. Salima,[vi] the court examined the risk of a spouse to pay dower and nature of dower. It was held that dower is the lady of the hour’s cost for dwelling together and right or dwelling together doesn’t gather to him till he has paid the dower.
At the point when the measure of dower had been indicated before at that point or after marriage by an agreement is called determined dower. Brief dower is promptly payable after marriage on spouse’s interest after culmination or previously. Mahr payable at the hour of disintegration or marriage is called conceded dower. Legitimate dower happens when the measure of dower isn’t fixed. But issue emerges is the reason ladies ought to be dealt with except for the sake of financial security. Parting with Mahr to the lady of the hour at the hour of marriage infers subordinate financial situation of Muslim ladies. Once in the past, Mahr was payable to lady’s dad as a lady value, presently it is gotten by ladies herself. It is to strengthen the reliance of ladies on men and eventually build up the male autarchy.
Conclusion
Anyway, in nations like India, where I live, this training has been advocated by the social foundation of different networks living here. The beam of expectation is that a couple of strict gatherings have begun crusading against the practice among Muslims and venturing to such an extreme as to boycotting weddings including dowry. Taking this into thought, what is the purpose behind Mahr? With the enactment of Mahr, women are degraded and minimized to the degree of an exchange ware. Men purchase ladies with Mahr like one purchase a slave.
References:
[i] https://indiankanoon.org/doc/119342/
[ii] https://indiankanoon.org/doc/1152977/
[iii]https://www.thehindu.com/news/cities/puducherry/muslim-wedding-sets-example-in-promoting-communal-harmony/article31085906.ece
[iv] https://www.lawnn.com/meaning-of-dower/
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