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Mahr (Marital Price): Difference between revisions
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→The Mahr in Islamic Jurisprudence
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There are two types of mahr recognized in Islamic fiqh: | 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. | 1. Al mahr Al musamma المهر المسمى-- the named or specified mahr, which involves a set, abritrarily fixed amount of money or other goods. 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 | 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>. | ||
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: | 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: | ||