Mahr (Marital Price): Difference between revisions
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==Purpose of the mahr according to the Islamic tradition== | ==Purpose of the mahr according to the Islamic tradition== | ||
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.]] | |||
{{quote | {{Abudawud|11|2078}} | Narrated Aisha, Ummul Mu'minin: | |||
{{quote |{{ | |||
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: | |||
{{quote |{{ | |||
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. }} | |||
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 |{{Bukhari|7|63|232}} | Narrated Said bin Jubair: | |||
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: | |||
{{ 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." }} | ||
===Temporary marriage=== | ===Temporary marriage=== |