8. THE BRIDE’S MARRIAGE PAYMENT (MAHR)
THE BRIDE’S MARRIAGE PAYMENT (MAHR)
(The marriage payment is the money or property a husband must pay a woman to marry her.)
It is sunnah to name the amount of the marriage payment in the marriage agreement (to prevent discord). If it is not mentioned, it does not hurt (the validity of the marriage, though if unmentioned in the agreement, it is considered to be the amount typically received as marriage payment by similar brides. There is complete scholarly consensus on the validity of a contract that does not mention it, though it is offensive not to)
A guardian may not marry his prepubescent daughter to someone for less than the amount typically received as marriage payment by similar brides, nor marry his prepubescent son to a female who is given more than the amount typically received. If he does either of these, the amount stipulated is void and the amount typically received is paid instead (in both these cases, as a necessary condition for the validity of the marriage contract).
Nor may a foolhardy man marry a woman for more than the amount typically received as marriage payment by similar brides.
Anything that may be lawfully used as a price may be given as marriage payment. It may be paid immediately or deferred, and may be an individual article (‘ayn), a financial obligation (dayn), or the use or benefit of something.
The bride possesses the marriage payment when it has been expressly stipulated (in the marriage agreement, whether validly stipulated or invalidly. If valid, she owns the amount stated, while if invalid, she owns the amount typically received as marriage payment by similar brides. She may dispose of it when she accepts it, and her ownership of it is finalized when her husband has sexual intercourse with her (after which none of it is refundable), or when one of them dies before they have had intercourse.
If payable immediately, the bride may refuse to have sexual intercourse until her husband gives her the marriage payment, though if she allows him to have intercourse with her before she accepts the amount, she may no longer refuse to have intercourse (but may demand the amount).
If the couple is separated (by having annulled the marriage), before intercourse because of an act on the bride’s part, as when she becomes a Muslim (and the husband remains non-Muslim), or she leaves Islam (and the husband remains Muslim), then she is not entitled to any of the marriage payment. But if it is because of an act on the husband’s part, as when he becomes Muslim; leaves Islam, or divorces her, then she receives only half of the marriage payment; or the husband may ask for half of it back (if she has already accepted it), provided the article given as payment still exists. If it does not, he receives half of the lowest market value of similar articles between the time of the marriage agreement and when the article ceased to exist. If the article was diminished while in the bride’s possession, the husband has a choice between taking it back in its defective condition, or accepting half of its value.
THE AMOUNT TYPICALLY RECEIVED AS MARRIAGE PAYMENT BY SIMILAR BRIDES
The amount typically received as marriage payment by similar brides (mahr al-mith) means that which would be desirable to a woman like her (a woman like the bride, under normal circumstances), like her meaning a woman of her relatives resembling her in such characteristics as age, intelligence, beauty, wealth, being virgin or nonvirgin, and in having the same hometown. (Her relatives living therein are taken as the standard, and not those living elsewhere, since the amount typically received varies in different towns. Rafi’i holds that if all of them live in another town, they are nevertheless more suitable to be taken as the standard than non-family women from the same town.) If the bride is superior to them (respecting the above characteristics) or inferior, then this is taken into consideration (meaning she deserves a marriage payment that suits how she is). If she has no female relatives related to her through her father, then those like her refers to her maternal relatives (i.e. the mother’s relatives, such as the bride’s grandmother or mother’s sister). If none of the above exist, then the standard for comparison is the marriage payment of those women of the same town who resemble the bride.
WHEN A HUSBAND IS UNABLE TO PAY THE MARRIAGE PAYMENT
When a husband proves financially unable to give his wife the marriage payment (if it has not been deferred) before the first time they have sexual intercourse, then the bride may annul the marriage, though if he proves unable afterwards, she may not.
If husband and wife disagree (in court. when neither side has proof) as to whether he has given her (all, or part of) the marriage payment, then the wife’s word is accepted over the husband’s. But if they disagree as to whether they have had sexual intercourse, the husband’s word is accepted over the wife’s.
A man is obliged to pay a woman the amount typically received as marriage payment by similar brides when the marriage was (consummated, but) invalid, or when a man forces a woman to fornicate with him. When a woman voluntarily fornicates with a man, she does not receive any marriage payment.
AMENITY PAYMENT
Whenever a woman is divorced (before having had intercourse) and the marriage payment is reduced to one-half, she does not receive an amenity payment. But she is entitled to one when the marriage payment is not reduced to one-half, such as when:
1. she receives no marriage payment because of having allowed her guardian to choose a spouse for her and then having been divorced before intercourse and before any payment was stipulated;
2. or when she receives the full marriage payment, as when she is divorced after intercourse.
An amenity payment is an amount (paid by the husband) determined by the Islamic judge through his own personal reasoning (it being obligatory that both the husband and wife agree to it, and sunnah that it not be less than thirty dirhams (88.94 grams of silver) or something worth that much, and that it amount to less than half the marriage payment), in view of the circumstances of both parties (such as how rich or poor the husband is, and the wife’s lineage and other characteristics previously discussed).
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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