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Mahr (Marital Price): Difference between revisions
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Although the continued legitimacy of such marriages constitute a dispute between the 4 madhaahib of Sunni jurisprudence and the twelver Shi'i Ja'fari school of jurisprudence, it is beyond a doubt that according to the tradition Muhammad allowed temporary marriages, and in these marriages the mahr constituted a straight payment for sexual intercourse. | Although the continued legitimacy of such marriages constitute a dispute between the 4 madhaahib of Sunni jurisprudence and the twelver Shi'i Ja'fari school of jurisprudence, it is beyond a doubt that according to the tradition Muhammad allowed temporary marriages, and in these marriages the mahr constituted a straight payment for sexual intercourse. | ||
=== | ==The Mahr in Islamic Jurisprudence== | ||
Although the mahr is not given as a fixed amount, it is made clear in the traditional sources that | |||
===Types of Mahr=== | |||
There are two types of mahr recognized in Islamic fiqh: | |||
1. Al mahr Al musamma المهر المسمى-- the named or specified mahr, which involves a set, abritrarily fixed amount. This mahr can be agreed upon prior to the signing of the marriage contract or after the completion of the contract. | |||
2. Al mahr al mithli المهر المثلي-- the like or sameness mahr, this is a mahr whereby the woman is given a set amount of assets based off of the her own traits; the different madhaahib disagree which traits can be included, but this is generally thought to include things like the number and nature of her family, her ethnic background (some ethnic backgrounsa are more desirable than others), beauty and intelligence <Ref> citation needed </Ref>. | |||
Although the mahr is not given as a fixed amount, it is made clear in the traditional sources that al mahr al mithli is dependent upon the woman's social status. A woman cannot be given less of a mahr if she is an [[Dealing Justly with Wives and Orphans (Qur'an 4:3) | orphan]] or old; or for any other reason not dictated by the Qur'an or the ahadith. If she is a free woman then she is entitled to a mahr of the same value as any other free woman. Slaves are not of the same social status so they are not entitled to a mahr of the same value. The Qur'an makes it clear that you must be fair when giving a mahr: | |||
{{quote | {{Quran|4|3}} | | {{quote | {{Quran|4|3}} | | ||
| Line 44: | Line 51: | ||
{{quote | {{Quran|4|25}} | | {{quote | {{Quran|4|25}} | | ||
And whoever among you has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, and give them their dowries justly, they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and Allah is Forgiving, Merciful. }} | And whoever among you has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, and give them their dowries justly, they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and Allah is Forgiving, Merciful. }} | ||
===Responsibilities of the Woman=== | |||
In return for the mahr, the woman gives herself to her husband in the Islamic marriage contract. Her obedience to him is mandatory <Ref> Citation needed <Ref>. If she does not fulfill his need for sex, barring a physical impairment or ritual cleanliness obligation of religion, it is the husbands right to force her to engage in sexual relations with him, and this is not considered rape <Ref> Citation needed </Ref>. This is based clearly on the Qur'an: | |||
{{Quote|{{Quran|4|34}}|'''Yusuf Ali:''' Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. '''As to those women on whose part ye ''fear'' disloyalty and ill-conduct''', admonish them (first), (Next), refuse to share their beds, (And last) '''beat them''' (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all). | |||
'''Pickthall:''' Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. '''As for those from whom ye ''fear'' rebellion''', admonish them and banish them to beds apart, and '''scourge them'''. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great. | |||
'''Shakir:''' Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and '''(as to) those on whose part you ''fear'' desertion''', admonish them, and leave them alone in the sleeping-places and '''beat them'''; then if they obey you, do not seek a way against them; surely Allah is High, Great.}} | |||
===Responsibilities of the Man=== | |||
The mahr must be given in an Islamic marriage, without the giving of the mahr the marriage is not valid. The mahr does not need to be given or even specified before the marriage contract however it must be given <Ref> Citation needed </Ref>. The mahr cannot be taken away from the woman once the sexual relationship has been consummated. If the relationship has not been consummated, then half of the mahr should be given, as is stipulated by the Qur'an: | |||
{{quote | {{Quran|2|237}} | And if you divorce them '''before you have touched them''' and you have appointed for them a portion, then (pay to them) half of what you have appointed, unless they relinquish or he should relinquish in whose hand is the marriage tie; and it is nearer to righteousness that you should relinquish; and do not neglect the giving of free gifts between you; surely Allah sees what you do. }} | |||
If the woman dies before the mahr is given, the man is obligated to give the mahr to the the woman's estate <Ref> Citation needed </Ref>. If the woman wishes to give the mahr back to him, she may, but it is not ever legitimate in shari'a for the man to force her or pressure her to give him back the mahr <Ref> Citation </Ref>. | |||
==Mahr's given by Muhammad and his contemporaries== | ==Mahr's given by Muhammad and his contemporaries== | ||