As for the maximum limit, Qur’aan itself has expressed clearly that there is no upper bound for it(4:20) 70. It is established regarding Hazrat Hasan bin `Ali that when he married a lady, he sent to her 100 female slaves and 1000 dirham along with each female slave 71. Regarding the lower limit, the Islaamic jurists vary in opinion. Some say that there is no lower limit too 72 while some others feel that the minimum amount of mahr is ¼ dinaar 73 (1 dinaar=about 4 ½ maasha gold 74). According to Imaam Abu Haneefa, the minimum amount of mahr is 10 dirhams 75 (10 dirham=2 tola 7 ½ maasha silver 76). All these jurists have proper arguments in favour of their views. The Hanafees base their opinion on the tradition which says that mahr should not be less than 10 dirhams: ﻻ ﻣﻬﺮ ﺃﻗ ﱠﻞ ﻣﻦ ﻋﺸﺮﺓ ﺩﺭﺍﻫﻢ77 . 69F
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There must be moderation in determining the mahr. It should neither be too low that the mahr loses importance, nor should it be too high that it becomes difficult for the man to pay, being beyond the financial state of the husband. Hazrat `Umar ﺭﺿﻲ ﷲ ﻋﻨﻪhas expressed strong dislike for too high mahr saying that if high mahr could be the reason for pride and high status, then the mahr of the holy wives of the Prophet ﺻﻠﱠﻰ ﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﱠﻢwould have been higher 78 (as the hold the highest status among all Muslim women till the Last Day). In general, the mahr of the holy wives was 500 dirham79 and that of the Prophet’s daughter Hazrat Faatima was 480 dirham 80. According to the present-day tola of 10 gram, 500 dirham is equivalent to 1530.900 gram of silver [=Rs. 41028 on 07 Oct 09]. Obviously, keeping the mahr in this quantity is preferable. In the times of the Prophet ﺻﻠﱠﻰ ﷲ ﻋﻠﻴﻪ ﻭ ﺳﻠﱠﻢ, the mahr of the holy wives and the Prophet’s daughters used to be determined in terms of gold and silver. Thus, determining the mahr in terms of gold or silver, instead of rupees and paise or some other thing, is closer to the Prophetic tradition and also just to the woman, as [mahr is usually paid many years later and] the value of currency goes on decreasing day by day. Thus the mahr that has been determined in terms of currency loses much of its value after a period. 7F
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22. Rules related to Mahr [Mahr: obligatory bridal-money given (or promised to be given) by the husband to his wife at the time of marriage.] If mahr is not determined at the time of marriage ceremony, the marriage is valid even then as is clear from the Qur’aanic text itself (4:4) 81. But the desirable way is to determine the mahr at the time of marriage contract itself 82. The rules pertaining to different kinds of women are the following: 1. If mahr has been specified at the time of marriage contract, and the man has had seclusion (generally, equivalent to sexual intercourse) with the woman, then it will be compulsory for the man to pay the full specified mahr 83. 80F
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َوآﺗَـْﻴﺘُ ْﻢ إِ ْﺣ َﺪ ُاﻫ ﱠﻦ ﻗِﻨﻄَ ًﺎرا: … if ye had given one of the wives a whole treasure for dower. (Qur’aan 4:20). 71 70
Majma`uz Zawaaid by Nooruddin `Ali bin Abu Bakr Al Haithami 4/284 (Al Maktabatush Shaamila: 4:522,7503). Chapter of Mahr, narrated on the authority of Tabaraani, reportd by Ibn Sireen. The chain of its narrators includes authentic people. 72 Al Mughnee 7/161 73 Tirmidhi 1/211 ﺑﺎﺏ ﻣﺎ ﺟﺎء ﻓﻲ ﻣﻬﻮﺭ ﺍﻟﻨﺴﺎء. 74
1 maasha=1.037 gram. [According to Al Fiqhul Muyassar, ¼ dinaar=1.0625 gram, which amounts to Rs. 1652 as on 07 Oct 09.] Badaai`us Sanaai` 2/275 76 [10 dirham=2 tola 7 ½ maasha=32.66 gram. According to Al Fiqhul Muyassar, 10 dirham=2.975 gram which amounts to Rs. 797 as on 07 Oct 09.] 77 Ad Diraaya fi Takhreeji Ahaadithil Hidaaya 2/344 78 Majma`uz Zawaaid 4/283. Chapter of Mahr. [Al Maktabatush Shaamila 4:521, 7502] 79 Mishkaat 2/277. [According to Al Fiqhul Muyassar, 500 dirham=1487.5 gram =Rs. 39865 as on 07 Oct 09.] 80 Majma`uz Zawwaid 4/283. [According to Al Fiqhul Muyassar, 480 dirham=1428 gram =Rs. 38270 as on 07 Oct 09.] 75
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.ﺻ ُﺪﻗَﺎﺗِ ِﻬ ﱠﻦ ﻧِﺤْ ﻠَﺔً ﻓَﺈِﻥ ِﻁ ْﺒﻦَ ﻟَ ُﻜ ْﻢ ﻋَﻦ َﺷ ْﻲ ٍء ﱢﻣ ْﻨﻪ ُ ﻧَ ْﻔﺴًﺎ ﻓَ ُﻜﻠُﻮﻩُ ﻫَﻨِﻴﺌًﺎ ﱠﻣ ِﺮﻳﺌًﺎ َ َﻭﺁﺗُﻮﺍْ ﺍﻟﻨﱟ َﺴﺂ َء
(And give to the women (whom you marry) their Mahr with a good heart; but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allâh has made it lawful) – 4:4) 82 Al Mughnee 7/160 (Chapter on Mahr). 83 Qur'aan 4:20-21