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Mahr

From Halbeeg, the open encyclopedia · Af-Soomaali

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Mahr (also spelled mahar) is property, money, or something of value that a man gives to a woman in marriage. It is one of the conditions of marriage under Islamic law and is a right belonging exclusively to the woman; it is not money given to the family she comes from.

Mahr is defined at the time the marriage contract (nikaah) is executed. The official overseeing the marriage typically confirms the type and amount of mahr so that both parties understand the terms. There is no universally agreed maximum amount; it depends on the agreement of the parties and local custom.

Type and payment

Mahr is divided into two well-known categories: an immediate payment made when the marriage is contracted, and a deferred payment made later—typically if the marriage is dissolved or the husband dies. Mahr can be money, gold, property, land, livestock, or something else of value. Some Muslim communities define mahr as non-material things, such as teaching the Quran.

Mahr and divorce

Unpaid mahr becomes a debt owed by the husband. If the marriage is terminated before consummation, some schools of Islamic jurisprudence (fiqh) hold that the woman is entitled to a portion of the agreed amount. A woman who wishes to leave the marriage (khul') may sometimes negotiate to return the mahr or forgo part of it.

Cultural variation

Although the principle of mahr is uniform, its application varies widely across communities. In some places mahr is a nominal symbolic amount, while in others it is set at a substantial figure and forms part of a woman's financial security. There also exist other marriage gifts—such as yarad (bride-price) or gifts exchanged between families—which are customarily distinct from mahr.

Legal recognition

Many countries with Islamic family law systems register mahr in the marriage certificate and allow it to be claimed in court. Some Western courts have on occasion enforced mahr as a contractual obligation, though rulings vary.

UncertaintyThe calculation of mahr, the amounts required, and court rulings differ according to school of Islamic jurisprudence and jurisdiction; these matters should be researched in specialized sources.
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