What is Mahr in Islam?
What is Mahr in Islam?
1. Meaning of Mahr
Mahr (sometimes spelled "Mehr" or "Meher") is a mandatory gift or dower that a Muslim husband gives to his wife at the time of marriage.
It is a right of the wife, agreed upon before or during the marriage contract.
Mahr can be money, property, or any valuable asset.
2. Purpose of Mahr
Symbolizes the husband’s commitment and responsibility.
Provides financial security to the wife.
Acts as a protection for the wife in case of divorce or the husband's death.
It is not a bride price or purchase but a gift from the husband to the wife.
3. Types of Mahr
Prompt Mahr (Mahr Muajjal): Paid immediately at the time of marriage.
Deferred Mahr (Mahr Mu’akhkhar): Paid later, often on divorce or death of the husband.
4. Legal Status of Mahr
It is a binding obligation on the husband.
Failure to pay Mahr can lead to legal consequences.
Mahr forms part of the wife’s individual property.
The wife can claim Mahr even if the marriage is dissolved.
5. Relevant Case Law
Mohammad Ahmed Khan v. Shah Bano Begum (1985)
The Supreme Court acknowledged Mahr as a fundamental right of the wife.
It emphasized the husband's duty to pay Mahr even after divorce.
Syed Akbar v. State of Andhra Pradesh (1977)
Court reiterated that Mahr is a debt payable by the husband.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Meaning | Mandatory gift from husband to wife at marriage |
| Purpose | Financial security and commitment symbol |
| Types | Prompt (immediate) and Deferred (later) |
| Legal status | Binding obligation, wife’s right |
| Case Law | Mohammad Ahmed Khan v. Shah Bano Begum |
7. Conclusion
Mahr is a key institution in Islamic marriage, ensuring the wife’s right to a financial gift, symbolizing respect, responsibility, and security within marriage.
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