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The | The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see [[The Meaning of Nikah]]). Its purpose within Islamic law, as shown through the [[Islam and Scripture|Islamic texts]] themselves and the rulings of [[fiqh]], is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid <ref> Citation needed</ref>. | ||
The custom itself comes from pre-Islamic tribal times. In those times, the mahr would be paid from the bridegroom to the wali or guardian of the bride. Islam's laws change this custom by specifying the the mahr belongs directly to her. It is thus sui generis unlike the dowry or dower from western arranged marriage traditions. Islamic law has specifications about how and when it is to be given, and how these arrangements are to be made and taken care of in all cases, and there are many hadith traditions relating the prophets example on the subject. Although the explanations of the subject vary, the purpose of the mahr as explained by the Islamic texts is clear; it is a payment from a man to a woman; payment in full for the future sexual relations ([[nikah]]) the bridegroom will enjoy with her. This is illustrated by the requirement for a mahr in temporary "marriages", the statements of Prophet Muhammad, and the fact that a mahr cannot be taken back (except under extenuating circumstances) because the man has availed himself of the service for which it was payment <ref> Citation needed </ref>. | The custom itself comes from pre-Islamic tribal times. In those times, the mahr would be paid from the bridegroom to the wali or guardian of the bride. Islam's laws change this custom by specifying the the mahr belongs directly to her. It is thus sui generis unlike the dowry or dower from western arranged marriage traditions. Islamic law has specifications about how and when it is to be given, and how these arrangements are to be made and taken care of in all cases, and there are many hadith traditions relating the prophets example on the subject. Although the explanations of the subject vary, the purpose of the mahr as explained by the Islamic texts is clear; it is a payment from a man to a woman; payment in full for the future sexual relations ([[nikah]]) the bridegroom will enjoy with her. This is illustrated by the requirement for a mahr in temporary "marriages", the statements of Prophet Muhammad, and the fact that a mahr cannot be taken back (except under extenuating circumstances) because the man has availed himself of the service for which it was payment <ref> Citation needed </ref>. | ||
==Background and Role in Islamic Law and Marriage== | ==Background and Role in Islamic Law and Marriage== | ||
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. | 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 is 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. | ||
==Purpose of the mahr according to the Islamic tradition== | ==Purpose of the mahr according to the Islamic tradition== | ||
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==See Also== | ==See Also== | ||
* [[Dealing Justly with Wives and Orphans (Qur'an 4:3)|Dealing Justly with Wives and Orphans]] | * [[Dealing Justly with Wives and Orphans (Qur'an 4:3)|Dealing Justly with Wives and Orphans]] | ||
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==External Links== | ==External Links== | ||
*[{{Reference archive|1=http://www.faithfreedom.org/articles/op-ed/nikah-mahr-muta-and-talaq/|2=2012-01-13}} Nikah, Mahr, Muta and Talaq] ''- | *[{{Reference archive|1=http://www.faithfreedom.org/articles/op-ed/nikah-mahr-muta-and-talaq/|2=2012-01-13}} Nikah, Mahr, Muta and Talaq] ''- Faith Freedom International'' | ||
==References== | |||
[[Category:Women]] | [[Category:Women]] | ||
[[Category:Shariah (Islamic Law)]] | [[Category:Shariah (Islamic Law)]] | ||
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[[Category:Sex]] | [[Category:Sex]] | ||
<references /> | <references /> | ||
[[Category:Islamic finance]] | |||
[[Category:Pre-Islamic Arabia]] | |||