It is unIslamic for a Muslim woman to set a huge demand for herself, with the intention of deterring suitors of humble means. Islam does not require husbands and wives to come from the same social strata or income brackets - although this may often seem to be advisable. Islamic compatibility is based on religious faith and mutual respect, not on money, caste (another Hindu custom), class, background, nationality, etc. It is just as unIslamic to demand a huge mahr, generally beyond the husbands means, based on the intention of checking the husband from ill-treating his wife, or wrongfully or causelessly divorcing the wife, or preventing him from remarrying another later - the reasoning being that in cases of divorce the woman can demand the full payment of the mahr. The fixing of a substantial mahr for the above purposes rests on the supposition that the mahr has to be fixed at the time of marriage, but not handed over until divorce - which gives it a supposed deterrent value. This is unlawful in Islam, for in this case the wife has no use or ownership of the mahr during the time of the marriage. If the prospective husband is not a wealthy man, a generous wife may choose to accept very small mahr, but this has to be her own free choice. She should not be coerced or have pressure put on her in any way. Some of the Prophets female companions accepted their husbands conversions to Islam, or memorising of ayat of the Quran, or giving education to others as their mahr. The mahr has to be fixed taking into account the bridegrooms position in life. That is, it should not normally be more than he is easily able to afford, whether it be a lump sum or some article of value. Jurists have different views on what the minimum amount should be, but all agree that it should be substantial enough for something to be bought against it. In other words, any amount which is sufficient for a purchase is acceptable as mahr. The husband may be loaned money by his father or family, but it must be repaid. In the case of Nabi Musa (the Prophet Moses), when he left Egypt for Madyan he married Safura the daughter of the Prophet Shuayb. His mahr muajjal was settled and paid off by binding himself to grazing his father-in-laws cattle for ten years without wages. Presumably Shuayb had paid Safura on Musas behalf. A good woman might agree on a low mahr if she wishes, or none at all, according to the circumstances of her husband. Once fixed it is fixed, and legally binding - so it is good practice to have it written down and witnessed on a document. The wife should take advice on her decision, and not be blinded by emotion, or coercion, or fear, or family pressure. If any person pressurises a woman into a decision she might not have otherwise made, that person will be held to account in the Life to Come, even if he got away with it on this earth. One recorded hadith suggests that the best woman is the one whose mahr is the easiest to pay. (al-Haythami, Kitab an-Nikah 4:281). However, it is sensible for a wife to accept a reasonable mahr, as this becomes her own property as stated, and is hers to keep should the marriage fail and end in divorce. Under what conditions is it payable? There are two main ways of properly presenting mahr to the bride. The first way is to hand it over in full at the time of marriage, in which case it is known as mahr muajjal, or promptly given mahr. (Notice the . The word is derived from ajilah, meaning without delay. This was the accepted practice during the time of the Prophet, and the amount fixed was generally quite minimal. In the case of Fatimah and Ali, Ali informed the Prophet that he had nothing to give her. The Prophet reminded him of a coat of chain-mail he had been given. It was still in his possession, although in a dilapidated condition and worth less than four dirhams. The Prophet suggested he gave that to Fatimah, and this was done. The second way of presenting mahr is to defer it, to hand it over to the bride after a certain period of time, the duration of which must be specified, fixed by the man and agreed by the wife. This has to be settled, with witnesses, at the time of the marriage. This form of mahr is known as mahr muwajjal. (the word implies in a period of time). The five major schools of Islamic jurisprudence all agree that delay in handing over the mahr, whether in full or in part, is lawful provided that the fixed period for payment is not indefinite. This method should never be used as an excuse to willfully postpone the payment. A definite date should always be fixed, witnessed, and adhered to. It should certainly not be left hanging in case the marriage breaks down and the couple come to consider a divorce - because of the inevitable emotions, bitterness, arguments, hostilities and financial problems involved at that time. If the husband died, or they got divorced, the mahr debt must be paid up immediately to the widow before his inheritance or other financial settlements are considered. It is her property, and not his.
Posted on: Tue, 12 Aug 2014 03:33:25 +0000
Trending Topics
Recently Viewed Topics
© 2015