Mahr (Marital Price): Difference between revisions

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The mahr is the price which the bridegroom pays to the bride for the privilege of marital relations with her. The custom is an ancient Arabian one, and in pre-Islamic times it was customary to give the mahr to the wali or guardian of the woman, though this had changed by Muhammad's time. The word itself is also attested to in Syriac and Hebrew, where it has a similar meaning<Ref>Citation needed</Ref>. Islamic law codified the change which had happened shortly before Muhmmad came on the scene. The mahr is the main fiduciary responsibility of the Islamic marriage on the part of the man; Islamic law does not recognize shared assets or spousal support or alimony, so in the case that the man divorces the woman then the mahr is the financial instrument responsible for the sustenance and support of the woman <Ref> Citation needed</Ref>. The practice of [[nikaah-al-mut'ah]] also makes use of the mahr; in this case, the mahr is the price which is paid for the entirety of the marriage contract itself, which may last as little as one night, and was customarily a spear. The Arab custom of offering a spear for a "marriage" consisting of a night of passion is also an ancient one, being attested to in the works of the last pagan historian of the Roman Empire, Ammianus Marcellinus, writing in the 300's AD (Ammianus calls the wives in these cases "mercenary wives hired for a time" but curiously says it the wife that pays the husband; this may simply be a mistake on his part about the custom)<Ref> Citation needed</Ref>. The mahr thus serves both to compensate the woman for her sexual services in the marriage and to ensure her security in the event of a divorce or death of the husband.

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The issue of temporary marriage or "نكاح المتعة" nikaah al-mut'ah or "marriage of enjoyment" is a complicated one in Islam. Most modern orthodox Sunnis and Sunnis clerics reject it though it is still frequently practiced and condoned by Shi'ites, especially in Iran. Never the less the practice is well attested to in classical Islamic texts revered by Sunnis and also is attested to in pre-Islamic accounts of Arab life such as by the last great pagan historian writing in Latin, Amianus Marcellinus writing around 380, who refers to "have mercenary wives, hired under a temporary contract" <Ref> Citation needed</Ref>. In these "marriages of enjoyment" the mahr is given for the temporary "marriage", again underlining the fact that the mahr is a price to be paid for having sex with the woman who receives the mahr.  

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 backgrounds are more desirable than others), beauty and intelligence <Ref> citation needed </Ref>.  

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:  

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:

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>.