Mehr
IslamandQuran > Fatwas > Marriage Date: Sep 1, 2009 Tavsiye Et Print
Can you enlight us in relation to the dowry? Is the marriage accomplished without an appointed dowry unaccepted by Islam? What should be done in such a case?





A Muslim man is responsible of giving his wife her dowry (mehir). This is a right given to women by Allah. The 4th verse of the surah Nisa (the Woman) commands:

  “Give women their dowries with all your heart (pleasently) without making trouble about it.” 

 

If the husband doesn’t give his wife the dowry in compliance with the commands, then his wife maintains the right to demand and get it by applying to the legal institutions.  Till the moment she obtains the dowry  all the rights given to her by the marriage continue, but she has the right not to accomplish her marrital duties.  (Ömer Nasuhi BİLMEN,Hukukı İslamiyye Kamusu, İstanbul 1967, c.2, s.167.) 
  

If the dowry is settled by the wife and husband or their representees freely it is called mehr-i müsemmâ. It has no limitations. The amount agreed to be paid beforehands and in cash is paid in cash, while the remain is paid after. It can be decided for the whole amount to be given cash and immediately. The man is not given the right to benefit by his wife without giving the decided cash amount; it is different if the wife agrees to. The remaning amount is paid to the woman later on the decided date, in case of divorce or in case of death. The inheritance of the dying husband is divided according to the regulations after the payment of the dowry debt has been accomplished.

 

The man is not allowed not to pay the divorced woman a single coin less than the decided amount. The Glorified Allah commands:   

 

“If you want to leave (one) wife and have another instead of her, take nothing from the one you leave, even if you have given her heaps of belongings.  Do you want to take it by slandering (her) and by openly sinning?” (Nisa, 4/20) 


  Even though no dowry was agreed for, during the marriage act, the marriage is accepted  and the right of dowry becomes inevitably present. The right of dowry is inevitably present even though the woman agreed in marriage presenting the condition of not accepting any dowry. This type of dowry, which was coined by the conditions of being married is called  mehr-i misil. The amount and the payment agreement of this dowry is decided by taking in consideration the dowry agreement of an equivalent woman.  The equivalence is decided by taking in consideration these issues: the father and relatives of the woman, her age, beauty, wealth, cleverness, religiousness, her state of being not married or married before, education and knowledge, good behavoir and her being with or without children. (BİLMEN, Kamus, c: 2, s: 119) The dowry taken by a woman who has the same features as her is this woman’s dowry (mehr-i misli). 
  

The proof that the marriage act is regular even though no dowry has been agreed is the 236th verse of the surah Baqara (The Cow). There, the Glorified Allah commands:



“There is no blame on you if you divorce women when you have not touched  when no dowry has been appointed, yet. Give them something that is useful to them.  The wealthy according to his means and the straitened in circumstances according to his means,  make a provision according to maruf. This is a duty on the good-doers.”

the verse makes word of divorce with no dowry decided, yet. As it is being spoken about divorce, it means that the marriage has been realized and that this act is regular. 
  

At this point, it is important to emphasize that the dowry and the money given to the family as a way of paying for the woman are two different things. While the money given to the family and the ‘feeding right’ are money paid to the woman’s mother, father, siblings, or relatives, the dowry is totally paid to the woman, herself. Nobody maintains the right to obtain something from the dowry. Islam has commanded the dowry to be mandatory and has absolutely prohibited the family payment.



 

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