|
|
| Line 8: |
Line 8: |
|
| |
|
| ==Purpose of the mahr according to the Islamic tradition== | | ==Purpose of the mahr according to the Islamic tradition== |
| {{quote | {{Quran|4|19}} |
| |
| O you who believe! it is not lawful for you that you should take women as heritage against (their) will, and do not straiten them ''''in order that you may take part of what you have given them'''', unless they are guilty of manifest indecency, and treat them kindly; then if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it.
| |
|
| |
|
| And if you wish to have (one) wife in place of another ''''and you have given one of them a heap of gold, then take not from it anything''''; would you take it by slandering (her) and (doing her) manifest wrong?
| | According to the above the hadith, the purpose of the mahr is to make sexual relations lawful to the man. In explicit terms, as stated above, the mahr is payment for [[Sex|sexual intercourse with the woman.]] |
|
| |
|
| ''''And how can you take it when one of you has already gone in to the other'''' and they have made with you a firm covenant? }}
| | {{quote | {{Abudawud|11|2078}} | Narrated Aisha, Ummul Mu'minin: |
| {{quote |{{Bukhari|7|63|231}} | Narrated Said bin Jubair: | |
|
| |
|
| I asked Ibn 'Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn 'Umar said, "The Prophet separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: 'Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: ''''The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her''''; and if you have told a lie, you are less rightful to have your money back.' ") }}
| | The Apostle of Allah (peace be upon him) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. ''''If there is cohabitation, she gets her dower for the intercourse her husband has had.'''' If there is a dispute, the sultan (man in authority) is the guardian of one who has none. }} |
| {{quote |{{Bukhari|7|63|232}} | Narrated Said bin Jubair:
| |
|
| |
|
| I asked Ibn 'Umar about those who were involved in a case of Lien. He said, "The Prophet said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." ''''The man said, 'What about my property (Mahr) ?' The Prophet said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her''''; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from 'Amr. Narrated Aiyub: I heard Sa'id bin Jubair saying, "I asked Ibn 'Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn 'Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn 'Umar said, 'The Prophet separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' " }}
| | {{quote | {{Abudawud|11|2126}} | Narrated Basrah: |
| {{quote |{{Bukhari|7|63|261}} | Narrated Said bin Jubair: | |
|
| |
|
| I said to Ibn 'Umar, "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet said, 'Allah knows that one of you two IS a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce." Aiyub (a sub-narrator) said: 'Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, i.e. ''''the husband said, "What about my money (Mahr)?' The Prophet said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her)'''' and if you are a liar then you are less entitled to take it back. }}
| | A man from the Ansar called Basrah said: I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet). The Prophet (peace be upon him) said: ''''She will get the dower, for you made her vagina lawful for you.'''' The child will be your slave. When she has begotten (a child), flog her (according to the version of al-Hasan). The version of Ibn AbusSari has: You people, flog her, or said: inflict hard punishment on him. }} |
| {{quote | {{Muwatta|28|7|19|}} |
| |
| Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."
| |
|
| |
|
| Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. ''''If he had intercourse with her in that marriage, she had her dowry.'''' }}
| | I asked Ibn 'Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn 'Umar said, "The Prophet separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: 'Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: ''''The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her''''; and if you have told a lie, you are less rightful to have your money back.' ") }} |
| {{quote | {{Muwatta|28|11|27|}} |
| | {{ quote |{{Bukhari|7|63|232}} | Narrated Said bin Jubair: |
| Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."
| |
|
| |
|
| Malik added, ''Said ibn al-Musayyab said that ''''she had her dowry because he had consummated the marriage."''''
| | As can be seen in the above examples, no matter the extenuating circumstances the hadith see the payment of the mahr as payment for the use ([[nikah]]) of the women's sexual organ. As to the issue of marriages contracted but then broken without consummation, the scholars generally rule that in this case the woman is entitled to half of the mahr: |
|
| |
|
| Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant." }}
| | {{ quote | {{Muwatta|29|15|44|}} | |
| {{quote | {{Muwatta|29|15|44|}} | | |
| Yahya related to me from Malik that he had heard Ibn Shihab say, "When a man who is terminally ill divorces his wife three times, she inherits from him." | | Yahya related to me from Malik that he had heard Ibn Shihab say, "When a man who is terminally ill divorces his wife three times, she inherits from him." |
|
| |
|
| Malik said, "If he divorces her while he is terminally ill before he has consummated the marriage, she has half of the bride-price and inherits, and she does not have to do an idda. ''''If he consummated the marriage, she has all the dowry'''' and inherits. The virgin and the previously married woman are the same in this situation according to us." }} | | Malik said, "If he divorces her while he is terminally ill before he has consummated the marriage, she has half of the bride-price and inherits, and she does not have to do an idda. ''''If he consummated the marriage, she has all the dowry'''' and inherits. The virgin and the previously married woman are the same in this situation according to us." }} |
| {{quote | {{Muslim|9|3557}} |
| |
| Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) saying to the invokers of curse: Your account is with Allah. One of you must be a liar. You have now no right over this woman. ''''He said: Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her'''', and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I heard Ibn Umar (Allah be pleased with them) saying that Allah's Messenger (may peace be upon him) had said it. }}
| |
| {{quote | {{Abudawud|11|2078}} | Narrated Aisha, Ummul Mu'minin:
| |
|
| |
| The Apostle of Allah (peace be upon him) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. ''''If there is cohabitation, she gets her dower for the intercourse her husband has had.'''' If there is a dispute, the sultan (man in authority) is the guardian of one who has none. }}
| |
| {{quote | {{Abudawud|11|2105}} | Narrated Jabir ibn Abdullah:
| |
|
| |
| The Prophet (peace be upon him) said: ''''If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him.''''
| |
|
| |
| AbuDawud said: This tradition has been narrated by AbdurRahman ibn Mahdi, from Salih ibn Ruman, from AbuzZubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Apostle of Allah (peace be upon him) we used to contract temporary marriage for a handful of grain. }}
| |
|
| |
| {{Quote| {{Abudawud|11|2078}}|Narrated Aisha, Ummul Mu'minin:
| |
|
| |
| The Apostle of Allah (peace be upon him) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. '''If there is cohabitation, she gets her dower for the intercourse her husband has had'''. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.}}
| |
|
| |
| {{quote | {{Abudawud|11|2126}} | Narrated Basrah:
| |
|
| |
| A man from the Ansar called Basrah said: I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet). The Prophet (peace be upon him) said: ''''She will get the dower, for you made her vagina lawful for you.'''' The child will be your slave. When she has begotten (a child), flog her (according to the version of al-Hasan). The version of Ibn AbusSari has: You people, flog her, or said: inflict hard punishment on him. }}
| |
|
| |
|
| According to the above ahadith, the purpose of the mahr is to make sexual relations lawful to the man. In explicit terms, as stated above, the mahr is payment for [[Sex|sexual intercourse with the woman.]]
| |
|
| |
|
| ===Temporary marriage=== | | ===Temporary marriage=== |