What Is Mahr, How Much Should It Be and When Must It Be Paid? In Light of the Qur'an, Hadith and Hanafi Fiqh

Mahr is an important and honourable part of marriage, yet misconceptions about it are many in society: some think it is only a formality, some think that without writing a huge amount there is no dignity, and some get it "waived" on the very day of the wedding. Let us understand the guidance of Shariah.

Mahr is the wife's right

And give women their mahr willingly (as a gift). Then if they give up some part of it to you of their own accord, enjoy it freely. — (Surah An-Nisa, 4:4)

At the time of marriage the mahr is called "saduqah", a sign of sincerity. Mahr is the wife's personal property — her father, brother or anyone else cannot take it.

The minimum and maximum mahr

In the Hanafi view the minimum mahr is 10 dirhams of silver, equivalent to about 30.618 grams of silver (about 2.6 bhori / tola). Shariah has not fixed any upper limit; but excess is not desirable. Although the Qur'an also hints at a large amount of mahr, it gives a strict warning against taking it back (4:20–21).

The Messenger of Allah ﷺ encouraged an easy mahr: The most blessed marriage is the one whose expense is the easiest (Musnad Ahmad). In practice it is best to keep a balance between means, social custom and the wife's honour.

Even an iron ring was enough

In the narration of Sahl ibn Sa'd (may Allah be pleased with him), when a man came to the Messenger of Allah ﷺ for marriage, he said: look for something as mahr, even an iron ring. When the man could find nothing, the Messenger of Allah ﷺ asked: how much of the Qur'an do you have memorised? Then the man was married with the teaching of the Qur'an made his mahr. (Sahih al-Bukhari 5135; Sahih Muslim 1425)

(On the matter of teaching as mahr the explanation differs across madhhabs; the main lesson here is ease.)

Prompt and deferred mahr

In Bangladesh a promise is generally written that one part of the mahr is paid at the time of marriage (prompt) and the rest later (deferred). In Shariah it is better to pay it promptly and in full as far as possible. Leaving the outstanding mahr for years, or having no intention to pay it, is a cause of sin. In Bangladesh's legal process too, the mahr is mentioned in the Nikahnama (The Nikahnama and marriage registration).

Getting the mahr waived

Putting a woman in an embarrassing position on the wedding night or at the ceremony by saying "waive it" is not counted as a waiver unless it is spontaneous. Details: What happens if the mahr is waived?.

If divorce occurs before consummation

And if you divorce them before you have touched them, and you have already fixed a mahr for them, then (give) half of what you fixed. — (Surah Al-Baqarah, 2:237)

Two warnings

1. For the husband: do not marry without the ability and the intention to pay the mahr. At the time of a second marriage too, if the first wife's mahr is outstanding, pay it (The legal process of plural marriage).
2. For the family: do not spend the daughter's mahr on your own needs and do not turn the mahr into a "price".

Advice for women

• Have the amount of the mahr, the prompt and deferred portions and the time of payment clearly written.
• Read every column of the Nikahnama carefully.
• Do not waive it under unnecessary pressure.

A practical guide to fixing the mahr

• According to means: fix an amount you can truly pay.
• Remember the minimum: in the Hanafi view, equivalent to 10 dirhams of silver; fixing a mahr lower than this is not valid.
• The wife's social standing: consider the prevailing standard in society, the wife's honour and the family's custom.
• No exaggeration: writing a huge sum on paper without the intention to pay falls under wrongdoing and deception.

What Mahr-e-Fatimi is

In society an amount called "Mahr-e-Fatimi" is spoken of, about whose value and measurement scholars have discussions and differences. It is not obligatory, but is taken as an example inspired by the Sunnah. Decide which amount is suitable for you by consulting a scholar and considering your own means.

A safe way of paying the mahr

1. Pay in cash or by bank transfer and keep proof.
2. If the wife willingly wishes to give up some part, confirm it in a calm setting, in writing or with witnesses.
3. Pay the outstanding part by fixing a time limit.
4. If the mahr was not paid before death or divorce, it must be paid as a debt — so never leave it pending.

Mahr and a second marriage

In Bangladesh, if a man marries a second time without permission, there is a provision for immediate payment of the existing wife's full mahr (legal process). So it is wise to pay the first wife's mahr on time.

Advice for women

Your mahr is yours. Neither the family nor the husband can take it wrongly. Read carefully the amount, the prompt and deferred portions and the time of payment in the Nikahnama and keep a copy. Do not waive it under pressure (Waiving mahr).

Read also: The pillars, conditions, witnesses and khutbah of the nikah. For help with mahr or the Nikahnama, contact us.