Introduction

Muslims regularly attend marriage ceremonies (’aqd nikah), whether for family or friends. Sometimes, people will participate in congregational salah at their local masjid, and the Imam will inform the public of a nikah after the prayers. Attendees will stay behind to witness the ceremony of two individuals commencing their new life as husband and wife. The Imam will recite the marriage sermon in each ceremony, followed by the formal offer (ijaab) and acceptance (qabul) between the groom and the bride’s representative. Imams will also capitalize on this opportunity to highlight some key points related to marriage. Throughout the ceremony, attendees will keenly listen to the wealth that is offered to the bride. In Qur’an and Hadith, the words al-Sadaaq[1], al-Fareedah [2], al-Ujoor [3] and al-Mahr [4] have been used to describe this wealth. These words are often translated as dowry. According to The Oxford Dictionary of Islam, Mahr is defined as:

“Dowry paid by a husband to his wife. Becomes the property of the wife to spend, save, or invest as she pleases, although, in some countries, it is often taken by the bride’s family. Can be either money or property. May be paid all at once or split into two payments, one upon marriage and the other at a time stipulated in the marriage contract, such as upon the death of the husband or divorce.”[5]

However, the word “dowry” is also used to describe the wealth the bride brings to her husband upon marriage.[6] This latter type of dowry[7], which has become a significant component of today’s marriage functions, has been imported from polytheistic societies. This practice has evolved into an oppressive custom within some Muslim communities, victimizing girls and their families. Its current form is alien to Islam, yet it is widespread within some Muslim societies.[8] Due to the word dowry being a homonym, I have avoided using this word throughout the paper to favour the word mahr.

I have compiled some information about mahr and its regulations in this paper. The motivating factor behind this work is the misunderstandings prevalent within the Muslim community about mahr. Over the years, I have noticed that the importance of mahr and its obligation to pay it in a timely fashion has diminished to the point that customs and traditions whose roots can be found in idolatrous societies have taken precedence. These cultural practices are sometimes considered a vital part of the marriage celebration. On the other hand, mahr is regarded as a customary component of marriage with no religious meaning. Due to this dominant cultural ideology, some grooms do not perceive the mahr payment as a religious obligation prescribed in the Qur’an and Hadith, but merely an amount of dollars routinely announced at the time of marriage and then neglected. As a result, some men dare to ask their wives to waive it.

In some cases, the amount of mahr is ridiculously high, startling the participants and shocking them. Why such an extreme amount? In light of Qur’an and Sunnah, are such excessive amounts of mahr permissible? What are the consequences of not paying the mahr? Does the wife have the right to demand the mahr from her husband? Will this be considered disrespect and disobedience to the husband? If she waives the mahr under duress, will it be acceptable? Due to the devaluation of different currencies, would it be preferable to give the mahr in the form of precious metals such as gold and silver? These are just some questions and topics I wish to cover in this work. I pray that Allah makes this humble work a source of insight for all adults on the subject of mahr, whether they are currently married or searching for a lifelong companion.

Obligation of Mahr

Islamic jurists have elaborated on the wisdom behind the mahr.[9] For example, the late Indian scholar Sheikh Ashraf Ali Thanwi (May Allah have mercy on him) writes:

“It is part of the marriage contract that the mahr be determined. In this way the husband will know that he is liable to suffer a monetary loss if he dares to break the ties. So, he will not dare break the marriage ties unless he faces a compelling reason. The mahr is, therefore, an assurance of continuity of marriage ties.”[10]

Dr. Ibrahim Abdulla Al-Marzouqi, in his thesis entitled Human Rights in Islamic Law, writes:

“… it (mahr) reduces the potency of spouses in abusing their right to divorce for any slight reason. For instance, if the husband divorces his wife he would have to prepare another dowry in case he intends to contract a new marriage, besides that, he is not entitled to claim back the dowry from his first wife. On the other hand, if the wife asks for divorce al-khul‘, without a genuine reason or without being motivated deliberately by her husband, she is obliged to pay him a compensation. According to some jurists, such as some Hanafi scholars and al-Awza‘ee, the maximum amount of the compensation should not exceed the sum of dowry which was paid to the wife, while the majority of jurists allow any excessive amount.” [11]

From the following verse in the Holy Qur’an, Islamic jurists have ruled that mahr is a mandatory (wajib) payment upon the husband.

“….all other women are lawful for you (to marry), (provided) that you seek (their hands in marriage) with your wealth (by paying the dowry) as properly married men (with the intention of preserving your chastity) and not as fornicators (not merely to gratify your desires). Give the specified dowry to those (wives) from whom you derive benefit (with whom you have had intercourse). There is no sin (no pressure) on you should you (husband and wife) agree on something else (a larger or smaller amount of dowry without pressure from either party) after the specified amount (has been set). Verily Allah is All Knowing, The Wise (He knows best what is beneficial or harmful for His creation).”[12]

The husband is obliged to give some wealth to his wife as a token of honour and respect. Only the ignoramus will describe the mahr as a ‘bride price.’ This honorarium[13] can be in gold, silver, items of monetary value or cash.

Sayyiduna Anas رضى الله عنه has narrated, “Abdul Rahman ibn Awf رضى الله عنه married a woman on gold equal to the weight of a date-stone. When the Prophet ﷺ noticed the happiness of the groom, he asked him about it. He said, ‘I have married a woman on gold equal to a date-stone in weight.’”[14]

Sayyiduna Sahl ibn Sa’ad رضى الله عنه has reported that the Noble Prophet ﷺ said to a man, “Marry, even if it be with an iron ring.”[15]

This honorarium should not be so nominal that the concept of honour is disregarded; neither should it be so exorbitant that it is beyond the husband’s financial capacity. The former defeats the logical reasoning behind mahr, and the husband will pressure his wife to waive it in the latter.

Allah has instructed the grooms to make this payment cheerfully and wholeheartedly.

“Give women (your wives) their dowries with a good heart (in good faith).”[16]

Pre-Islam Arabia was an oppressive patriarchal society. Injustice towards women was the norm. Such evil cultural practices also involved the mahr. For example, at the time of marriage, the mahr was not given to the wife. Instead, her guardians would take possession of it directly from the husband, and the husband would reluctantly make the payment as if paying a penalty or tax. It was to purify the society from such oppression that Allah revealed the above verse.[17]

It is recommended (mustahabb) to stipulate the amount at the time of marriage. However, the union will still be valid if the amount of mahr is not specified.[18] In any case, the complete payment becomes obligatory upon consummation, whether it be the specified amount or Mahr Mithl.

Zurarah ibn Awfaa (May Allah have mercy on him) reports, “The righteous guided Caliphs passed a judgement that when the door is closed, and curtains pulled, the mahr becomes obligatory.”[19]

Zayd ibn Thabit رضى الله عنه reports, “When a man goes to his wife, and the veils are let down (so that they are alone together), then the mahr is obligatory.”[20]

The husband will also need to formally intend to pay the mahr at the time of payment. Verbal expression of the intention is not required. The intent of the heart will suffice. The obligation of paying the mahr will not be discharged by merely giving money or any other item of monetary value without intending to pay the mahr.[21]

Every marriage will fall into one of the following eight categories. Table [A] below describes each category with its specific ruling pertaining to the mahr payment. The original table[22] is in Urdu written by Mufti Saeed Ahmad Palanpuri (May Allah have mercy on him). It can be found in his monumental work Rahmat-ul Allah al-Wasi‘ah along with the supporting evidence for each ruling.

	Mahr is stipulated[23]	Marriage is consummated	Termination of marriage by either death of the husband or divorce	Mandatory amount of mahr payment
1	Yes	Yes	Death	Complete[24]
2	Yes	Yes	Divorce	Complete[25]
3	Yes	No	Death	Complete[26]
4	Yes	No	Divorce	Half [27]
5	No	Yes	Death	Mahr Mithl [28]
6	No	Yes	Divorce	Mahr Mithl [29]
7	No	No	Death	Mahr Mithl [30]
8	No	No	Divorce	Mut’ah [31]

[Table A]

Mahr Mithl or Dowry of Equivalents

The amount of mahr typically received by a similar bride from her father’s side of the family, e.g. sisters, paternal aunts and their daughters and daughters of paternal uncles.[32]

Mut’ah

The gifts the husband gives to his wife upon divorce are known as Mut’ah or Mataa’. If the mahr was not decided at the time of marriage and before consummation, divorce is issued, it will be wajib (binding) upon the husband to give mut’ah to his wife. If divorce is issued after consummation, it will be mustahabb (recommended) to give mut’ah. Qur’an and Hadith have not prescribed the amount of mut’ah. However, based on the following verse from the Holy Qur’an, the husband shall give according to his financial capacity.[33]

“There is no sin on you if you divorce women while yet you have not touched them (not yet met with them in privacy) nor fixed a dowry for them. Provide for them; the rich man according to his means and the poor man according to his means. (Give them) A fair provision which is rightly due from those who do good.” [34]

There is no maximum limit as to how much the husband can give. Sayyiduna Hasan رضى الله عنه gave 20,000 Dirhams as mut’ah. The honourable judge, Qadhi Shurayh (May Allah have mercy on him), gave 500 Dirhams.[35]

If a marriage ends in divorce and the wife is not at fault, the husband cannot claim the mahr or any other wealth in exchange for the divorce, regardless of the amount. Based on the following verse from the Holy Qur’an, to compel the wife to return the wealth would be a grave injustice and a sin.[36]

“If you intend to change one wife for another when you have given one of them a fortune, then do not take anything from it (from what you have given the first wife). Would you take it by slander (by falsely accusing her) and (by carrying out) a great sin? (This should never be.) How can you take it (what you gave her in any manner whatsoever) when you have had intimate relations with each other (fulfilled your desires) and they (your wives) have taken a strong pledge from you (when you married them, you accepted Allah’s command to treat them well and to care for them. How can you now take their wealth with you when it is you who is breaking the pledge to live together?).”[37]

Immediate Payment or Deferred Payment

The mahr is the right of the wife. It is a debt on the husband, similar to any other debt.[38] It can be paid before the nikah, at the time of nikah, or deferred to a future date upon mutual agreement. If the amount is significant, it can be paid in installments. It is advisable[39] to discharge a portion of the payment before consummation and pay the remaining amount at a future date. When Sayyiduna Ali رضى الله عنه married Sayyidah Fatimah رضى الله عنها, the Beloved Prophet ﷺ advised him, “O Ali, pay some amount before meeting your wife.”[40]

If the mahr payment is to be made immediately, then the husband is obligated to pay his wife as soon as possible without delay. To unnecessarily delay the payment is not acceptable. In such a case, the bride may refuse to travel with her husband and deny him any form of intimacy until she receives the immediate payment of her mahr.[41] If the husband does not pay, she is entitled to demand the payment.[42] This would not constitute an act of disrespect or disobedience towards the husband.

If the payment has been deferred, then it would not be permissible for the wife to demand the deferred payment before the due date, but once the date has arrived, it would be perfectly legal (according to Islamic law) for her to demand the payment amount. A partial amount of the mahr can also be deferred until the termination of the marriage by either death or divorce. In this case, she would receive the deferred amount upon termination. Upon the husband’s death, the outstanding amount would be categorized as an unpaid debt of the deceased. She will be entitled to this amount if she does not waive the mahr. Before distributing the inheritance, the heirs are obliged to pay her the mahr and relieve the husband of this debt.[43] This payment will not act as a substitute for her share of the inheritance.

The widow has the Islamic legal right to her complete inheritance share along with the mahr payment. It would be impermissible and a severe injustice to deprive her of her claim from the inheritance. Such a deed would constitute a major sin, and its perpetrators would be held accountable on the Day of Judgement. If the wife dies before receiving the complete mahr, her inheritors will be entitled to demand payment from her husband. Her mahr will be included in her wealth and distributed amongst her heirs per the laws of inheritance.[44]

Forgoing the Mahr

Sometimes the husband or his family will pressure the wife into waiving the mahr. This is a deplorable and shameful act as it is totally against the concept of mahr. If the wife waives the mahr under such duress, it will not be accepted, and in the sight of Allah, the husband will still be obliged to pay. Therefore, in Shariah, the wife’s forgiveness will only be applicable if she willingly forgoes her right to the mahr without coercion and pressure.[45] This ruling is derived from the following Qur’anic verse:

“If they (your wives) give you a part of it (if they reduce the amount without force) of their own accord, then partake of it (you may accept the reduction) with welcome and happiness (you will not be sinning by accepting it).[46]

In pre-Islam Arabia, one form of injustice against women was to pressure them into forgoing the mahr. The above verse was revealed to eradicate such transgression. Unfortunately, this pre-Islamic custom has survived to this day. A person’s wealth can never be lawful without his/her wholehearted and willful consent. The Prophet ﷺ has said, “Listen! A person’s wealth is not halal (lawful) unless it is through his own will.”[47]

Suppose the bride is voluntarily forgoing the mahr, then according to Sheikh Ashraf Ali Thanwi (May Allah have mercy on him), it is recommended that she only foregoes a partial amount of the total payment.[48] Imam Awza‘ee (May Allah have mercy on him) is of the opinion that it is not permissible for the wife to forgive the mahr until she has her first baby or has lived with her husband for at least one year.[49]

Suppose the husband has no financial capacity to pay the mahr due to loss of income, bankruptcy or any other valid reason. In that case, the couple should mutually agree upon a solution without transgressing anyone’s marital rights and maintaining a harmonious relationship. It would also be permissible to pay the mahr in installments upon mutual agreement.[50] In the case of the husband dying without leaving behind any wealth, the two parties, while understanding each other’s situation, should mutually reach an agreement.

The Messenger of Allah ﷺ has issued a dire warning for husbands who specify an amount of mahr yet do not intend to pay it. The Noble Prophet ﷺ has used the word zani (fornicator) to describe such husbands, and according to one Hadith such husbands will meet Allah on Judgement Day as fornicators.[51]

Amount of Mahr

The four famous imams of fiqh are unanimous that there is no cap for the amount of mahr,[52] but there is some disagreement regarding the minimum amount. According to Imam Abu Hanifah (May Allah have mercy on him), the minimum amount for mahr is 10 Dirhams. His view is based on a lengthy narration reported by Sayyiduna Jabir (Allah is pleased with him), “…. I heard the Messenger of Allah saying, ‘And there is no mahr less than ten….’” [53] Ten dirhams are equivalent to 30.618 grams of silver.[54] Imam Shafi (May Allah have mercy on him) and Imam Ahmad ibn Hanbal (May Allah have mercy on him) have no minimum amount. Any amount or item with monetary value can be mahr. Imam Malik (May Allah have mercy on him) is of the opinion that the minimum amount for mahr is 3 Dirhams.[55]

Ahaadith reported by Sayyidah Aishah رضى الله عنها and Sayyiduna Uqbah رضى الله عنه indicates that the Noble Prophet ﷺ discouraged excessive mahr.[56]

Sayyidah Aishah رضى الله عنها has reported that the Noble Prophet ﷺ said, “Indeed, the marriage with the greatest blessing is one of the least expenditures.”[57]

Sayyiduna Uqbah ibn Amir رضى الله عنه has reported that the Noble Prophet ﷺ said, “The best mahr is the simplest one.”[58]

For this reason, it is recommended (mustahabb) that the mahr not be excessively high.[59] One of the noble traits of a bride is that her mahr be a modest amount.[60]

Sayyiduna Abdul-Rahman ibn Awf رضى الله عنه gave gold equal to the weight of a date-stone for mahr.[61] In another Hadith, the Beloved Prophet ﷺ permitted one of his companions to give an iron ring as mahr.[62] A lady from the Bani Fazarah accepted a pair of slippers for mahr.[63] According to another Hadith, two handfuls of dates or flour is sufficient for mahr.[64] Imam Saeed ibn al-Musayyab (May Allah have mercy on him), after rejecting a marriage proposal he received for his daughter from Walid ibn Abdul-Malik ibn Marwan, he happily married his daughter to one of his students Abu Wada‘ah. The mahr was 2 Dirhams.[65]

The Noble Prophet ﷺ gave the Mother of the Believers, Sayyidah Umm Salamah رضى الله عنه some household items as mahr. The total value of it was approximately 10 dirhams.[66]

Below are examples of what was accepted as mahr in the blessed era of Nabi ﷺ.

1. Gold equal to the weight of a date-stone[67]
2. Iron ring[68]
3. Pair of slippers[69]
4. Household items worth 10 dirhams. [70]
5. 480 dirhams[71]
6. 500 dirhams[72]
7. 4000 dirhams[73]
8. Teaching the Qur’an[74]
9. Two handfuls of dates or flour[75]

Khalifah Umar ibn Khattab رضى الله عنه delivered a sermon prohibiting the people from excessive mahr amounts. He said, “I do not know who increased dowries above 400 Dirhams because the dowry that the Messenger of Allah ﷺ and the Sahaabah gave was always 400 Dirhams or less. Had larger dowries been an act of piety or honour, people would have never surpassed the Messenger of Allah ﷺ and Sahaabah to it.” After he had descended from the pulpit, a woman from the Quraysh objected, “O Amirul Mumineen!” she said, “Are you forbidding the people from paying dowries in excess of 400 Dirhams?” When he confirmed it, she argued back, saying, “Have you then not heard Allah say in the Qur’an, ‘…When you have given one of them a fortune…[76]’” Sayyiduna Umar رضى الله عنه then replied, “Allah forgive me! Everyone has more understanding than Umar.” He then returned to the pulpit and proclaimed, “O people! I had forbidden you from paying dowries in excess of 400 Dirhams (the prohibition no longer stands); therefore, whoever wishes to give whatever he pleases from his wealth may do so.”[77]

In 1977 the Commission of the Supreme Jurists in Saudi Arabia urged their people to decrease the mahr. In addition, they asked the government to educate its citizens about the adverse social effects of exorbitantly high mahr.[78]

The Noble Prophet ﷺ and his successors greatly encouraged a low and modest mahr, but he did not prohibit the grooms from stipulating a higher amount; examples of husbands honouring their wives with a higher-than-average mahr have been documented.

Sayyiduna Hasan ibn Ali رضى الله عنه gave one of his wives one hundred maids plus one thousand dirhams with each maid, totalling 100,000 Dirhams.[79] According to a report in Abu Dawud, when the Abyssinian king Negus conducted the marriage ceremony of the Noble Prophet ﷺ with Mother of the Believers, Sayyidah Umm Habibah رضى الله عنها, on behalf of the Noble Prophet ﷺ he gave Sayyidah Umm Habibah رضى الله عنها 4,000 Dirhams as mahr.[80] Mus‘ab bin Zubayr gave Aisha bint Talhah 1,000 Dirhams.[81] Sayyiduna Thabit ibn Qays (Allah is pleased with him) gave his wife a garden for mahr. Later she returned it in exchange for a divorce.[82] Sayyiduna Umar ibn al-Khattab رضى الله عنه gave his wife Sayyidah Umm Kulthum bint Ali 40,000 as mahr.[83] Based on these reports, it is permissible for a wealthy groom to offer a high amount of mahr and perfectly valid for the bride to accept it.

Many grooms have taken the mahr to be a customary practice of no religious significance. As a result, the grooms specify excessive amounts of mahr beyond their financial capacity, and subsequently, the mahr stipulated is never paid. If a groom does not pay the mahr and dies, then all the Hadith in which the Noble Prophet ﷺ has condemned those individuals who die without paying off their debts will apply.

Mufti Taqi Usmani (May Allah preserve him) believes that if the following conditions are met, it would be permissible to stipulate a high amount of mahr.[84]

1. Ostentation is not the objective.
2. The groom has a firm intention of paying the complete amount
3. The amount is within the groom’s financial capacity.

According to a Hadith reported by Imam Muslim (May Allah have mercy on him) the mahr of the Prophet’s ﷺ wives (majority of them) was 500 Dirhams.[85] There are conflicting reports regarding Mahr Fatimi i.e. the amount of mahr that was given to Sayyidah Fatimah رضى الله عنها. The most authentic opinion is that her mahr was 480 Dirhams.[86] Imam Nawawi (May Allah have mercy on him) is of the opinion that the mahr should not exceed 500 Dirhams. 500 Dirhams equals 1.5309kg. of silver.[87] During the era of the Noble Prophet’s ﷺ 500 Dirhams was a moderate and appropriate amount for mahr.[88] The table [B] below illustrates the amounts of mahr in today’s weight and currency.

Mahr	Dirham (silver coin) 1 Dirham = 3.0618gm[89]	Kilograms	Ounce[90]	Price in CDN Dollars[91]
Minimum mahr [92]	10	0.030618kg / 30.618gm	1.080018	$34.58
Mahr Fatimi	480	1.469664	51.84087	$1,659.94
Mahr for most of the Prophet’s ﷺ noble wives	500	1.5309	54.00091	$1,729.11
Mahr for Aisha bint Talhah wife of Mus‘ab bin Zubayr	1,000	3.0618	108.0018	$3,458.22
Mahr for Sayyidah Umm Habibah رضى الله عنها wife of Prophet ﷺ	4,000	12.2472	432.0073	$13,832.87
Mahr for Umm Kulthum, wife of Sayyiduna Umar رضى الله عنها	40,000	122.472	4,320.073	$138,328.74
Mahr given by Sayyiduna Hasan ibn Ali رضى الله عنها	100,000	306.18	10,800.18	$345.821.76

[Table B]

Conclusion

The mahr is the bride’s right, so it would be highly inappropriate for the groom and his family to make a unilateral decision in determining the mahr. Both parties mutually agree upon the amount.[93] Neither party can force an amount on the other. Demanding an unreasonable amount of mahr, which is beyond the groom’s financial capacity, can be interpreted as a sign of greed. The objective of marriage has never been to accumulate wealth. If the groom is coerced into accepting such an amount, resentment and enmity of the bride and her family are likely to take root in his heart. This is a stepping stone for an unhealthy and potentially toxic relationship. When excessive amounts of mahr become the norm, marriage becomes extremely difficult for men and women, resulting in people opting not to marry or delaying it significantly until enough money has been saved. This is detrimental to men and women and results in social and moral corruption. The following points (written in random order) should be taken into consideration when discussing the mahr:

1. Sincerity of intention (Ikhlas)
2. Honour of the bride and her family
3. Financial capacity of the groom
4. The mahr received by other similar brides in her family
5. Socioeconomic status of the groom and the bride
6. Moderation

If the above points are considered, then hopefully, quarrels and marital problems arising due to mahr will be minimized, if not eliminated. The bride’s honour will be upheld, and the mahr will not financially strain the groom. Paying half the amount immediately after the marriage solemnizes, before consummation, is preferable. The remaining amount can be paid after consummation or in installments over a reasonable, mutually agreed upon time. As previously stated, it can also be deferred until the marriage terminates by death or divorce.

Paying the mahr is an act of worship, a form of obedience to Allah and devotion to one’s bride. It was never meant to be an obstacle to marriage. On the contrary, discharging the payment is virtuous, and neglecting it invites Allah’s anger. To consider this otherwise would be foolish. If a wife seeking reward and the pleasure of Allah happily forgoes some or all of the mahr, this act of kindness would be another reason to shower her with love and mercy. In the early stages of marriage, this show of generosity symbolizes her love and commitment to an everlasting relationship. To repay her kindness with anything less would be a grave injustice.

Appendix 1

Common Currency in the Blessed Era of Nabi ﷺ

Dinar was a gold coin.  1 Dinar = 4.374 grams of gold.[94]

Dirham was a silver coin.  1 Dirham = 3.0618 grams of silver.[95]

Over a period of time, a currency can lose its value. To understand the value of the different mahr amounts (see Table B) in the blessed era of Nabi ﷺ and that of the Companions, one must recognize the purchasing power of the Dinar and Dirham during this period. Below are some examples.

1. A man of the Ansar came to the Prophet ﷺ begging from him. He ﷺ asked: “Is there nothing in your home?” He replied: “Yes, a blanket, a part of which we use to cover ourselves and part of it we spread (on the ground), and a bowl from which we drink water.” He ﷺ said: “Bring it to me.” He then brought these items to him and the Messenger of Allah ﷺ took them in his hands and asked: “Who will buy these?” A man said: “I shall buy them for one dirham.” He said twice or thrice: “Who will offer more than one dirham?” A man said: “I shall buy them for two dirhams.”

He gave these to him and took the two dirhams and, giving them to the Ansari, he said: “Buy food with one and give it to your family, and buy an axe with the other and bring it to me.” He then brought it (the axe) to him. The Messenger of Allah ﷺ fixed the handle on it with his own hands and said: “Go, gather firewood and sell it, and do not let me see you for 15 days.” The man went away and started collecting firewood and selling it. When he earned ten dirhams, he came and bought a garment with some of it and food with the others.[96]

6. Sayyiduna Urwah رضى الله عنه reports that the Prophet ﷺ gave him one dinar so he can buy him a sheep with it. He purchased two sheep with it. Then he sold one of the sheep for one dinar, and brought the one dinar and the one sheep to the Prophet ﷺ.[97]
7. The Messenger of Allah ﷺ sent Sayyiduna Hakim bin Hizam رضى الله عنه with a dinar to purchase an animal for Udhiyyah (sacrifice) for him. He purchased an Udhiyyah, which he sold and profited a dinar from it, so he purchased another in its place. He returned to the Messenger of Allah ﷺ with an Udhiyyah and a dinar. He ﷺ said to him, “Sacrifice the sheep and give the dinar in sadaqah.”[98]
8. Ayman reports: I went to Aaisha رضى الله عنها and she was wearing a coarse dress worth five dirhams.[99]
9. In a lengthy hadith, Sayyiduna Jabir bin Abdullah رضى الله عنه reports that Nabi ﷺ purchased his camel for four dinars.[100]
10. Sayyiduna Anas bin Malik رضى الله عنه has narrated that the Prophet ﷺ performed Hajj on an old saddle and a sheet that was worth around four dirhams.[101]
11. Abu Matar saw Sayyiduna Ali رضى الله عنه purchase a qamees for three dirhams.”[102]

Qamees[103] – is a long shirt. The clothing Nabi ﷺ loved the most was the qamees. The length of his blessed qamees reached till the middle of the shin. The sleeves were up to the wrists. His qamees also had buttons in the middle in front of the chest. Today the qamees is commonly known as kurta by South Asians and thobe in the Middle East.

Appendix 2

I have included two resolutions that the Islamic Fiqh Academy of India passed. The first resolution pertains to mehr.

The second is related to dowry – wealth that, in some societies, a wife or her family are expected to give to her husband when they get married.

• Injunctions of Shariah about Mehr[104]

2^nd Seminar in New Delhi, Dec. 8 – 11, 1990

Islam has given a unique right to women in the form of Mehr (dower), which the bride receives from the bridegroom as a consequence of her marriage with him. This particular practice has become controversial nowadays due to the gradual devaluation of the present currency, which renders Mehr almost insignificant at the time of actual payment of it. Hence, the Second Seminar of the IFA has taken up the matter and resolved as follows.

This Seminar has a strong feeling that Mehr should be fixed in terms of gold or silver so that the rights of the marrying women could be properly preserved and they could be saved from loss due to devaluation of the prevailing currency (in which Mehr is generally fixed) in the later days.

• Position of Demanding Dowry from the Bride’s Family[105]

13^th Seminar in Katauli, Lucknow, UP April 13 – 16, 2001

More than hundred religious scholars belonging to different schools of thought in the country attending the Thirteenth Fiqh Seminar of the Islamic Fiqh Academy held in April 2001 signed the following decisions.

This session of the Islamic Fiqh Academy expresses deep concern over the general mentality of putting bridegrooms on sale, rampant in the present Muslim society, where boys are treated as a market commodity. Not only have the boys themselves made higher demands of dowry, but also their parents and relatives. They are on a look as to who makes the highest bid for them. Shariah prohibits taking from the girl’s party anything in the name of social customs or prevalent dowry. Rather, Shariah has entrusted a man with bearing the expenses of matrimony as ordained by the Qur’an. Today, we have reversed this Qur’anic principle and women are forced to spend money on matrimony. Sometimes the groom’s party makes a clear demand for dowry, while at others, it is received under the garb of customs and rituals. The Shariah forbids all such forms of acceptance and offer.

This session of the academy calls upon the Muslims of India to set the Muslim society on the path shown by the Prophet ﷺ and to execute matrimonial alliance in a simple fashion, avoiding all sorts of extravagance. They should hold matrimonial ceremonies without forcing the girl’s party to yield to their undue demands and strictly follow the sunnah of the Prophet ﷺ.

Acknowledgement

I would express my gratitude to Mufti Abdullah Mangera and Mufti Ismail Kotwal for reviewing this work. May Allah accept their services and make it a source of everlasting reward. Ameen

[1] Muslim #1426

[2] Surah al-Baqarah v. 236, 237

[3] Surah al-Nisaa v.24, 25

[4] Jami’ Tirmidhi, hadith #1102

[5] http://www.oxfordislamicstudies.com/article/opr/t125/e1390

[6] http://oxforddictionaries.com/definition/english/dowry

[7] In some cultures, it is known as Jehez.

[8] For a detailed discussion on this custom please refer to Halal wa Haram (Urdu) pg. 268 -270 by Mufti Khalid Saifullah Rehmani (May Allah preserve him).

[9] For further details please refer to: Rahmatul-Allah al-Wasi‘ah v.5 pg. 68, 69 (Urdu) by Mufti Saeed Ahmad Palanpuri (May Allah have mercy on him); The Wisdom Behind the Commands of Islam (Eng. trans. of Urdu book احکام اسلام عقل کی نظر میں) by Sheikh Ashraf Ali Thanwi (May Allah have mercy on him)

[10] The Wisdom Behind the Commands of Islam pg. 226

[11] Human Rights in Islamic Law, pg. 203 – 204 by Dr. Ibrahim Abdulla Al-Marzouqi

[12] Surah al-Nisaa, v.24, Eng. trans in italics and commentary in (brackets) from Qur’aan Made Easy

[13] For a detailed answer/fatwa as to why the word honorarium has been used to describe mahr please refer to Fatawaa Usmani (Urdu) v. 2 pg. 298 – 301 by Mufti M. Taqi Usmani (May Allah preserve him)

[14] Bukhari #5148

[15] Bukhari #5150

[16] Surah al-Nisaa v.4

[17] Ma‘ariful Qur’an v. 2 pg. 315 by Mufti M. Shafi Usmani (May Allah have mercy on him), Eng. trans. by M. Shamim

[18] Al-Hidayah (Arabic) v. 2 pg. 323 by Ali ibn Abu Bakr Al-Farghani Al-Marghinani (May Allah have mercy on him); Halal wa Haram pg. 265

[19] ’Ilaa al-Sunan (Arabic) v. 11 pg. 89 by Zafar Ahmad Usmani Thanwi (May Allah have mercy on him)

[20] ’Ilaa al-Sunan v. 11 pg. 89; The Muwatta of Imam Muhammad #531

[21] Imdad al-Fataawa (Urdu) v.4 pg. 598 by Ashraf Ali Thanwi (May Allah have mercy on him)

[22] Rahmatul-Allah al-Wasi‘ah  v. 5 pg. 73

[23] The mahr is specified either verbally or in a contractual agreement. Usually at the time of marriage solemnization (’aqd nikah) it is announced by the imam.

[24] Surah al-Nisaa v. 24

[25] Surah al-Nisaa v. 20, 21

[26] Rahmatul-Allah al-Wasi‘ah v. 5 pg. 73, 74

[27] Surah al-Baqarah #237

[28] Rahmatul-Allah al-Wasi‘ah v. 5 pg. 73, 74

[29] Rahmatul-Allah al-Wasi‘ah v. 5 pg. 73, 74

[30] The Muwatta of Imam Muhammad #543; Abu Dawud, #2114

[31] Surah al-Baqarah v. 236; Al-Hidayah v. 2 pg. 324

[32] For a detailed discussion please refer to Al-Hidayah v. 2 pg. 333

[33] For a detailed discussion please refer to Al-Hidayah v.2 pg.325, 326; Halal wa Haram pg. 266; Awjaz al-Masaalik (Arabic) v. 11 pg. 272-276 by Sheikh M. Zakariyya Kandahlwi (May Allah have mercy on him).

[34] Surah al-Baqarah v.236

[35] Ma‘ariful Qur’an v. 1 pg. 611

[36] Ma‘ariful Qur’an v. 2 pg. 373 – 374

[37] Surah al-Nisaa v.20, 21

[38] Halal wa Haram pg. 268

[39] Some jurists are of the opinion that it is wajib (compulsory) to give a partial amount of the mahr before consummation. See Bawaadir al-Nawaadir (Urdu) pg. 764 by Ashraf Ali Thanwi (May Allah have mercy on him)

[40] Halal wa Haram pg. 267

[41] Al-Hidayah v. 2 pg. 334; Ma‘ariful Qur’an v. 2 pg. 387; Fatawaa Mahmudiyyah (Urdu) v. 17 pg. 319 Q. 6410, p. 321 Q. 6411 by Mufti Mahmud Hasan Gangohi (May Allah have mercy on him).

[42] Islami Shadi (Urdu) pg. 147 by Ashraf Ali Thanwi (May Allah have mercy on him); Fatawaa Mahmudiyyah v. 17 pg. 322, 323 Q. 6413

[43] Mishkat, hadith #2928; Fatawaa Mahmudiyyah v. 17 pg. 312 Q.6403

[44] Fatawaa Mahmudiyyah v. 17 p. 307 Q. 6397

[45] Ma‘ariful Qur’an v. 2 pg. 315 – 316; Islami Shadi pg. 146 – 147; Bayan al-Qur’an (Urdu) commentary of Surah al-Nisaa, v.4 by Mawlana Ashraf Ali Thanwi (May Allah have mercy on him)

[46] Surah al-Nisaa v.4

[47] Mishkat, hadith #2946

[48] Ahkam al-Qur’an v. 2 pg. 105

[49] Ahkam al-Qur’an v. 2 pg. 105

[50] Fatawaa Mahmudiyyah v. 17 pg. 331 Q. 6420

[51] Al-Targheeb wa al-Tarheeb (Arabic) v. 2 pg. 599, 602, v. 3 pg. 48 by Abdul-Adheem Al-Mundhiri (May Allah have mercy on him); For a detailed discussion please refer to Al-Tashbih bi Ahl al-Saffaah liman Laa Ureedu Adda al-Mahr fi al-Nikah in Bawaadir al-Nawaadir pg. 761 – 764; Majma’ al-Zawaaid, hadith #7573, 7575, 7576; Musnad Ahmad, hadith 18932.

[52] Ahkam al-Qur’an v. 2 pg. 198, 226

[53] ’Ilaa al-Sunan v. 11 pg. 79; For a detailed discussion on the chain of narrators and the status of this Hadith please refer to ’Ilaa al-Sunan and Fatawaa Darul Uloom Zakaria (Urdu) v. 3 pg. 633, 634 by Mufti Radha ul-Haq (May Allah preserve him).

[54] Jadid Fiqhi Masaa’il (Urdu) v. 1 p. 196 by Mufti Khalid Saifullah Rehmani (May Allah preserve him); Fatawaa Darul Uloom Zakaria v. 3 pg. 634; According to Dr. Ibrahim A. Al-Marzouqi it equals to 31.15 grams of silver. See Human Rights in Islamic Law, pg. 201; According to the research of Mufti Rashid Ahmad Ludhyanwi (May Allah have mercy on him) 10 Dirhams is equal to 34.02 grams of silver, see Ahsanul-Fatawaa (Urdu) v. 5 pg. 32.

[55] Dars Tirmidhi (Urdu) by Mufti Taqi Usmani (May Allah preserve him) v. 3 pg. 389 – 394; Ahkam al-Qur’an v. 2 pg.

[56] Islami Shadi pg. 140 – 144

[57] Mishkat, hadith #3097; ’Ilaa al-Sunan v. 11 pg. 87; Musnad Ahmad, hadith #24529

[58] ’Ilaa al-Sunan v. 11 pg. 88

[59] ’Ilaa al-Sunan v. 11 pg. 87 – 88; Islami Shadi pg. 140 – 144; Awjaz al-Masaalik v. 10 pg. 323.

[60] Majma’ al-Zawaaid, hadith #7548; Musnad Ahmad, hadith #24478

[61] Bukhari, hadith #5148

[62] Bukhari, hadith #5150

[63] Jami’ Tirmidhi, hadith #1113.

[64] Sunan Abu Dawud, hadith #2110

[65] Suwar min Hayat al-Tabi‘een (Arabic) pg. 203 by Dr. Abdul-Rahman Rafat Pasha (May Allah have mercy on him)

[66] Seeratul-Mustafa (Urdu) by Mawlana M. Idrees Kandhalwi (May Allah have mercy on him) v.3 pg. 306; Majma’ al-Zawaaid, hadith #7556, 7557.

[67] Bukhari, hadith #5148

[68] Bukhari, hadith #5150

[69] Jami’ Tirmidhi, hadith #1113.

[70] Seeratul-Mustafa (Urdu) by Mawlana M. Idrees Kandhalwi (May Allah have mercy on him) v.3 pg. 306; Majma’ al-Zawaaid, hadith #7556, 7557.

[71] Majma’ al-Zawaaid, hadith #7566; Ahsanul-Fatawaa v. 5 pg. 31; Fatawaa Darul Uloom Zakaria v.3 pg. 635-637; Seeratul-Mustafa v.2 pg. 172.

[72] Muslim, hadith #1426.

[73] Abu Dawud, hadith #2108; Mishkat, hadith #3208

[74] Bukhari, hadith #5149

[75] Sunan Abu Dawud, hadith #2110

[76] Surah al-Nisaa v.20, The Arabic word is Qintar. There are many different interpretations as to its meaning. Please refer to Umdah al-Qari v. 14 p. 101 by Badruddin al-Ayni (May Allah have mercy on him).

[77] Majma’ al-Zawaaid, hadith #7570; Hayat al-Sahaabah (Arabic) v. 2 pg. 941 by Mawlana Yusuf Kandahlwi (May Allah have mercy on him)

[78] Human Rights in Islamic Law, pg. 205

[79] Majma’ al-Zawaaid, hadith #7571; Halal wa Haram pg.; Hayat al-Sahaabah v. 2 pg. 943

[80] Abu Dawud, hadith #2108; Mishkat, hadith #3208

[81] Umdah al-Qari  v. 14 p. 102

[82] Bukhari, hadith #5273

[83] ’Ilaa al-Sunan v. 11 pg. 88; Umdah al-Qari v. 14 pg. 102; Awjaz al-Masaalik v. 10 pg. 323. In these three books the currency of the 40,000 has not been specified, but according to the eng. trans of Hayat Sahaabah translated by Mufti Afzal H. Elias the currency is dirhams v.2 pg. 685.

[84] Zikr wa Fikr (Urdu) pg. 276 – 281 by Mufti Taqi Usmani (May Allah preserve him). Originally published as a column in the daily Urdu paper Jang on Nov. 2, 1995.

[85] Muslim, hadith #1426, Most of the wives received 500 Dirhams, but not all of them. Sayyidah Umm Habibah (Allah is pleased with her) was given 4000 Dirhams by King Negus [Abu Dawud, hadith #2108], Sayyidah Umm Salamah (Allah is pleased with her) received some household items worth 10 dirhams [Seeratul-Mustafa v.3 pg. 306; Majma’ al-Zawaaid, hadith #7556, 7557], Sayyidah Safiyyah (Allah is pleased with her) was granted freedom from slavery [Bukhari, hadith 5086].

[86] Majma’ al-Zawaaid, hadith #7566; Ahsanul-Fatawaa v. 5 pg. 31; Fatawaa Darul Uloom Zakaria v.3 pg. 635-637; Seeratul-Mustafa v.2 pg. 172.

[87] Jadid Fiqhi Masaa’il v. 1 pg. 196, 197; Rahmatul-Allah al-Wasi‘ah v. 5 pg. 69; According to the research of Mufti Rashid Ahmad (May Allah have mercy on him) 500 Dirhams would equal 1.701kg. of silver and according to Dr. Al-Marzouqi it would equal to 1.5575kg of silver.

[88] Rahmatul-Allah al-Wasi‘ah v. 5 pg. 70

[89] For details on conversion, please refer to Fatawaa Darul Uloom Zakaria v.3 pg. 101-102.

[90] 1 kg = 35.27396195 oz

[91] Price of silver on May, 16, 2023 $32.02CDN per ounce, courtesy of https://silverprice.org/

[92] According to Hanafi fiqh.

[93] Fatawaa Mahmudiyyah v. 17 pg. 270 Q. 6370

[94] For details, please refer to Fatawaa Darul Uloom Zakaria v.3 pg. 101-102. According to the research of Mufti Rashid Ahmad Ludhyanwi (May Allah have mercy on him) 1 dinar is equal to 4.86 grams of gold, see Ahsanul-Fatawaa  v. 4 pg. 415.

[95] For details, please refer to Fatawaa Darul Uloom Zakaria v.3 pg. 101-102. According to Dr. Ibrahim A. Al-Marzouqi it equals to 3.115 grams of silver. See Human Rights in Islamic Law, pg. 201; According to the research of Mufti Rashid Ahmad Ludhyanwi (May Allah have mercy on him) 1 dirham is equal to 3.402 grams of silver, see Ahsanul-Fatawaa v. 5 pg. 32.

[96] Abu Dawud, hadith #1641

[97] Bukhari, hadith #3642

[98] Jami’ Tirmidhi, hadith #1257

[99] Bukhari, hadith #2628

[100] Bukhari, hadith #2309

[101] Sunan Ibn Majah, hadith 2890

[102] Musnad Ahmad, #1355

[103] For further details on qamees, please refer to The Sublime Conduct of Nabi ﷺ v. 2 pg. 135-141. This book is the Eng. Trans. of Ash-Shama’il al-Kubra (urdu) by Mufti M. Irshad Ahmed Qasmi and trans. by Mawlana Abdul-Rahman Kolia.

[104] Juristic Decisions on Contemporary Issues (Eng. trans of Urdu) pg. 135 by IFA-India – Islamic Fiqh Academy of India.

[105] Juristic Decisions on Contemporary Issues (Eng. trans of Urdu) pg. 136-137 by IFA-India – Islamic Fiqh Academy of India.

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