Mahr Question

[afsalim]

:salams

I'm getting married in a month inshAllah. I have a Mahr question. Usually in this part of the world only cash is given to the wife as Mahr. Does it have to be cash? Can properties be given to the wife as Mahr?

[LastFriday]

:salams

I'm getting married in a month inshAllah. I have a Mahr question. Usually in this part of the world only cash is given to the wife as Mahr. Does it have to be cash? Can properties be given to the wife as Mahr?

Youz Getinz Married? Mubarak !!!! ! ! ! ! ! ! ! ! !

[`asiya]

:salams

I'm getting married in a month inshAllah. I have a Mahr question. Usually in this part of the world only cash is given to the wife as Mahr. Does it have to be cash? Can properties be given to the wife as Mahr?

:wswrwb:mubarak on your upcoming nikkah.u have to check with the womans walli if this is acceptable to her. As i understand and Allah knows best it is acceptable in Islam as one sahabiyat was given a garden as her mahr, then when she asked for khula she was told by rasoolAllah salAllahu alleyhi wa salam to return the garden to her husband and she did.

ibn Abbas said, "The wife of Thabit ibn Qays ibn Shmmas came to the Messenger of Allah and said, "O Messenger of Allah! I do not accuse him (meaning Thabit, her husband) of bad conduct or being bad in the religion. However, I hate acts of disbelief after (I accepted) Islam ." He said, "Will you return his garden to him (the Mahr that he gave her)?" She said, "Yes." The Messenger of Allah then said to Thabit, "Take the garden and divorce her once."

However having said that, some scolars say that it should be given in money wa Allahu alam. ( i would advise being careful in giving a lot of your property away, as a man is maintainer and protector of his family ..) check with your local imam insha Allah.

[.: Anna :.]

congrats @ getting married :up:

there are some examples within the sahabas of mahrs which were not cash only, so insha allah it could be okay but like asiya said u have to ask her if she accepts that cos the girl gets to pick or agree to how much mahr she wants to have?

[ammarcool]

:wswrwb:

Congratulations brother! :)

Mahr

The marriage-gift (Mahr) is a divine injunction. The giving of mahr to the bride by the groom is an essential part of the contract.

'And give the women (on marriage) their mahr as a (nikah) free gift" (Quran 4:4)

Mahr is a token commitment of the husband's responsibility and may be paid in cash, property or movable objects to the bride herself. The amount of mahr is not legally specified, however, moderation according to the existing social norm is recommended. The mahr may be paid immediately to the bride at the time of marriage, or deferred to a later date, or a combination of both. The deferred mahr however, falls due in case of death or divorce.

One matrimonial party expresses 'ijab" willing consent to enter into marriage and the other party expresses 'qubul" acceptance of the responsibility in the assembly of marriage ceremony. The contract is written and signed by the bride and the groom and their two respective witnesses. This written marriage contract ("Aqd-Nikah) is then announced publicly.

Marriage in Islam (http://www.soundvision.com/info/Islam/marriage.nikah.asp)

[afsalim]

:salams

Ukhti `asiya and .: Anna :. And akhi LastFriday and ammarcool: Thank you all for your input. I will take your advices into consideration and ask my father to clarify this matter with my fiancé’s walli :insha:.

:jkk:

[muslimbrother11]

I think that Mahr nowdays has become a joke I know people who have asked for ten thousand pounds which not many people can afford

I dont understand this by getting married you are putting your self in hell not only that you have to pay for it

Many asian people SELL there daughters this way sorry if I have hurt anyone I dont mean to

[afsalim]

Akhi muslimbrother11, I think you misunderstood me. I was asking whether properties can be given along with/instead of cash.

[Arrakis]

Congratualtions afsalim :up:, as far as I know property can be given too, not just money, as can a sura, or a date, it's up to you and her to decide on what you are both happy with.

[.: hayat :.]

i remember a hadith in which a man asked the prophet saws wht to give as mahr cuse he was so poor tht has nothing...then,the prophet saws told him to learn few surahs frm qur'an and recite to his wife as gift for marriage, i. e. mahr.

[afsalim]

salams:

I was a bit confused. One of my relatives was saying that I could only give cash and nothing else....

[miss-islamic]

I think that Mahr nowdays has become a joke I know people who have asked for ten thousand pounds which not many people can afford

I dont understand this by getting married you are putting your self in hell not only that you have to pay for it

Many asian people SELL there daughters this way sorry if I have hurt anyone I dont mean to

Part of the reason for mahr and people have high mahr ( along with materialism) is to protect the women if she is divorce or widowed. You can’t blame the women if the place has high rate of divorce. Islam doesn’t have the whole 50% business after divorce but it has the mahr in case of divorce for women. Hey, the high mahr might make Muslim men think thrice before they say the T word? :rolleyes: Bro afsalim, mabrook and good luck with your marriage. :)

[Noor]

Part of the reason for mahr and people have high mahr ( along with materialism) is to protect the women if she is divorce or widowed. You can’t blame the women if the place has high rate of divorce. Islam doesn’t have the whole 50% business after divorce but it has the mahr in case of divorce for women. Hey, the high mahr might make Muslim men think thrice before they say the T word? :rolleyes: Bro afsalim, mabrook and good luck with your marriage. :)

Sis u need to realise there is a difference between mahr and alimony.

For example if you demand a high mahr and u obtain a khulla of the marriage as opposed to a talaq (which the husband gives) you have to return the mahr.

The Mahr is not related to divorce. Alimony however is. It is permissible to have as a condition of your nikkah that you will receive £xyz amount as alimony in the event of divorce.

The Mahr is the gift that a husband has to give (unless she denies her right) as a condition of the nikkah.

[Ebony]

You can give her whatever you want as mahr.

[ghanamuslima]

i think in the islam your supposed to give the woman what mahr she asks for within reason of course.(as opposed to you giving what you feel you want to give):)

[Zesty]

Mabrooks on you wedding bro :) May Allah (swt) bless it in abundance, Ameen.
You can give whatever you and your wife to be decide upon amongst yourself.

[afsalim]

Mabrooks on you wedding bro :) May Allah (swt) bless it in abundance, Ameen.
You can give whatever you and your wife to be decide upon amongst yourself.

Thanks sis.

[.: hayat :.]

The Mahr


In the ‘aqd (contract) of nikaah (marriage), the husband undertakes to present a suitable gift to his wife, called the mahr. It is not a ‘bride price’, nor is it a recompense for her (future) services, and neither is it something to fall back on in the future in the case of separation or death. The moral significance of the mahr is a symbol of the man’s respect and love for his wife.[1]



The mahr must have some monetary value. Once agreed, it becomes a debt on the husband. The wife can specify whether she wishes it to be paid immediately (mu’ajja), at a later date (muajjal), or whenever she demands it (inda al-talab).[2]



There are three types of mahr[3]:



al-mahr al-sunnah – this is the mahr that was given to Sayyidah Fatimah al-Zahra (SA): 500 dirhams
al-mahr al-mithl – the mahr that is traditional in the family
al-mahr al-musammaa – that which is mentioned in the ‘aqd and agreed by the wife



There are no means of calculating al-mahr al-sunnah at present time.[4]



If no mahr is fixed then the marriage is valid, but if at any time the wife claims the mahr she will be paid al-mahr al-mithl.[5]



It is mustahab (recommended) to ask for small muhoor, and it is makruh (detested) to demand a big mahr. The Holy Prophet (SAW) has said, “The best among the women of my ummah (nation) are those who have brighter faces and smaller muhoor.”[6] He (SAW) has also said: “Avoid exaggeration in the muhoor, because this causes enmity (between you).”[7] The Holy Prophet (SAW) also initiated the desirable practice of limiting mahr to five hundred dirhams. He (SAW) and the Holy Imams of the Ahlul-Bayt (AS) never exceeded this amount of mahr in their marriages.[8]



Allah (SWT) says in the Holy Qur'an,

‘Give to women their dues of your free will; but if they willingly forego part of it themselves, then you may use it to your advantage; (it shall be) beneficial (to you).’[9]


It is recommended that the bride divide the mahr into three parts to gain the maximum benefit from it[10]:

⅓ should be forgiven
⅓ should be used as an investment in her husband’s business
⅓ should be used to buy honey as a cure for those who are sick




There is no khums liability on mahr which a wife receives.[11]

[ibn Iyaaz]

The Mahr


In the ‘aqd (contract) of nikaah (marriage), the husband undertakes to present a suitable gift to his wife, called the mahr. It is not a ‘bride price’, nor is it a recompense for her (future) services, and neither is it something to fall back on in the future in the case of separation or death. The moral significance of the mahr is a symbol of the man’s respect and love for his wife.[1]



The mahr must have some monetary value. Once agreed, it becomes a debt on the husband. The wife can specify whether she wishes it to be paid immediately (mu’ajja), at a later date (muajjal), or whenever she demands it (inda al-talab).[2]



There are three types of mahr[3]:



al-mahr al-sunnah – this is the mahr that was given to Sayyidah Fatimah al-Zahra (SA): 500 dirhams
al-mahr al-mithl – the mahr that is traditional in the family
al-mahr al-musammaa – that which is mentioned in the ‘aqd and agreed by the wife



There are no means of calculating al-mahr al-sunnah at present time.[4]



If no mahr is fixed then the marriage is valid, but if at any time the wife claims the mahr she will be paid al-mahr al-mithl.[5]



It is mustahab (recommended) to ask for small muhoor, and it is makruh (detested) to demand a big mahr. The Holy Prophet (SAW) has said, “The best among the women of my ummah (nation) are those who have brighter faces and smaller muhoor.”[6] He (SAW) has also said: “Avoid exaggeration in the muhoor, because this causes enmity (between you).”[7] The Holy Prophet (SAW) also initiated the desirable practice of limiting mahr to five hundred dirhams. He (SAW) and the Holy Imams of the Ahlul-Bayt (AS) never exceeded this amount of mahr in their marriages.[8]



Allah (SWT) says in the Holy Qur'an,

‘Give to women their dues of your free will; but if they willingly forego part of it themselves, then you may use it to your advantage; (it shall be) beneficial (to you).’[9]


It is recommended that the bride divide the mahr into three parts to gain the maximum benefit from it[10]:

⅓ should be forgiven
⅓ should be used as an investment in her husband’s business
⅓ should be used to buy honey as a cure for those who are sick




There is no khums liability on mahr which a wife receives.[11]


As salaamu-alaikum

Can you please provide your source?

Jazaa-kumullah Khair.

[.: hayat :.]

As salaamu-alaikum

Can you please provide your source?

Jazaa-kumullah Khair.

wa aleykum salaam,,,sure,,,here it is:

http://www.hawza.org/bride/The%20Mahr.html

[.: hayat :.]

Mahr - Dowry
1. Once a nikâh is performed, it will be valid irrespective of whether mention of any mahr was made or not. Despite it being valid, one will have to give the mahr . In fact, if a person makes the condition that he will not give any mahr and that he is marrying the woman without any mahr , he will still have to give the mahr .
2. The minimum mahr is 10 dirhams and there is no limit to the maximum amount of mahr . The woman can stipulate as much as she wishes. However, it is not good to stipulate a very high figure. If a person gives an amount less than 10 dirhams or its equivalent, he will have to give the balance as well because mahr cannot be an amount less than the minimum. If the husband divorces his wife (in this case) even before she can come and live with him, he will have to give half of the minimum.
3. A person stipulated R20, R100, R1000, or any other amount according to his financial position. The woman thereafter came and lived with him. He also had sexual intercourse with this wife of his. Alternately, he did not have intercourse with her, but he and his wife were able to meet in privacy where no one or nothing stopped them or prevented them from engaging in sexual intercourse. In both these cases, it will be wajib on the person to fulfil the full amount of the stipulated mahr . If none of the above transpired between them, and one of them passed away, it will still be wâjib to fulfil the entire mahr . Furthermore, if none of the above transpired between them, and the man divorced her, it will be wâjib on him to fulfil half the stipulated mahr .
In short, if the husband and wife meet in privacy, as mentioned above or one of them passes away, the entire mahr becomes wâjib . And if the husband divorces her prior to them being in privacy and seclusion, it will be wâjib to fulfil half the stipulated mahr .
4. If one of them was ill, keeping a fast of Rama d ân , in the i h râm of h ajj , the woman was in her h ay d or there was someone who was peeping at them or intruding on their privacy, and they met in private or seclusion in any of the above situations, then this privacy or seclusion of their's is not considered. If they meet each other in any of the above situations or circumstances, the total amount of mahr will not become wâjib . If the husband divorces her, it will be her right to receive half the total mahr . However, if the fast was not a fast of Rama d ân , instead it was a qa d â, nadhr , or nafl fast, and this was being kept by one of them, then in such a case if they happened to meet in privacy and seclusion, the wife will have the right of receiving the full amount of the mahr . It will be wâjib on the husband to fulfil the full amount.
5. The husband is impotent, however, both of them met in privacy and seclusion. The wife will still receive the full mahr . Similarly, if the husband is a hermaphrodite and they meet in privacy and seclusion and thereafter he divorces her, she will receive the full mahr .
6. The husband and wife met in privacy and seclusion but the wife is so young that she is incapable of sexual intercourse. Alternately, the husband is so young that he is incapable of sexual intercourse. If they meet in privacy and seclusion in such a case, the full mahr will not be wâjib .
7. If no mention whatsoever of the mahr was made at the time of the nikâh , or the nikâh was performed on the condition that the woman will not receive any mahr , and thereafter one of them passed away or they met in privacy - that is regarded as a valid privacy in the Sharî‘ah - even then the mahr will have to be fulfilled. However, in such a case, the mahrul mithl will have to be paid.
In the above case, if the husband divorced his wife prior to being in seclusion with her, she will have no right to receive any mahr . Instead, she will only receive a set of clothing. It is wâjib on the man to give this to the woman. He will be sinning if he does not do so.
8. When giving this set of clothing, only four items are wâjib on the man: a dress, a scarf, a pants, and a sheet which can cover her body from head to toe. Apart from these items it is not wâjib to give any other clothing.
9. The clothing that the man gives should be according to his financial position. If the man is poor, he should give cotton clothing. If he is of a middle class, he should give silk that is of an inferior quality. If he is very rich, he should give silk clothing that is of a very high quality. However, it should be borne in mind that in all these circumstances the clothing that is given should not be more than half the mahrul mithl in value. At the same time, it should not be less than 5 dirhams in value.
In other words, it is not wâjib on the man to give clothing which is very expensive and which exceeds half the mahrul mithl in value. However, it is permissible for him to give clothing that is more than the stipulated amount provided that he gives it happily and out of his own will.
10. At the time of the nikâh no mahr was stipulated. However, after the nikâh , the husband and wife agreed upon a specific amount as mahr . In such a case, mahrul mithl will not have to be given. Instead, the amount that they had agreed upon will have to be given. But if the husband divorced his wife prior to their meeting in privacy and seclusion, she will not have any right of receiving any mahr . Instead, she will only receive the clothing that had been mentioned previously.
11. A person stipulated R100, R1000 or any other amount according to his financial position. Thereafter the husband decided to give more than the original amount that was stipulated. This he did voluntarily and out of his own good will. For example, the stipulated mahr was R100, but he decided to give R150. Whatever additional amount he decides to give will now become wâjib upon him. If he does not give it, he will be sinning. But if he divorces her prior to meeting in privacy and seclusion, he will have to give half of the original amount that was stipulated. The additional amount that he had decided to give will not be calculated.
Similarly, if the wife happily and willingly reduces the amount of mahr , it will be considered to be reduced. If she absolves him from paying the entire amount, it will be absolved. Now she has no right to claim it.
12. If the husband pressurized her into reducing the mahr or instilled some fear into her so that she reduces the mahr , then by her reducing or forgiving her husband, it will not be considered to be forgiven. It will still be wâjib upon him to fulfil the mahr .
13. No cash, gold or silver was stipulated for the mahr . Instead, a small village, a farm or some land was stipulated. This is permissible. The farm, land, etc. that was stipulated will have to be given.
14. A horse, elephant or any other animal was stipulated as mahr . However, a specific horse or a specific elephant was not stipulated. This is also permissible. In such a case an average horse which is not too cheap nor too expensive will have to be given. Alternatively, it's value in cash could be given. However, if an animal was stipulated without specifying the type of animal, this will not be valid. Mahrul mithl will have to be given.
15. A couple got married in an unlawful way and the husband and wife were therefore made to separate. For example, they got married in secret without the presence of two witnesses. Alternately, two witnesses were present but they were deaf and were therefore unable to hear the words that make a nikâh valid. Alternatively, a man had divorced his wife or he had passed away. Prior to completing her iddah , the woman married another man. Or some other form of unlawful marriage had taken place and the husband and wife were therefore made to separate. However, in all these cases, the man did not have any sexual intercourse with this woman. In such a case, she will not receive any mahr . In fact, even if they met in privacy and seclusion, she will still not be eligible to receive any mahr . But if sexual intercourse had taken place, she will receive mahrul mithl . However, if at the time of nikâh some mahr had been stipulated and this mahr is less than the mahrul mithl , then she will receive the mahr that had been stipulated at the time of the nikâh and not the mahrul mithl .
16. A person had sexual intercourse with a woman after mistaking her for his wife. He will have to give her mahrul mithl as well, and this intercourse with her will not be regarded as adultery (zinâ) nor will there be any sin. In fact, if the woman falls pregnant, the lineage of the child will be in order. It will not be tainted and it is not permissible to label the child as being illegitimate. The moment the man realizes that this is not his wife, he should immediately separate himself from her and it will not be permissible for him to continue with the intercourse. It is also wâjib on this woman to observe the iddah . It is not permissible for her to stay with her husband or to engage in sexual intercourse with him. The rules related to iddah will be mentioned in a later chapter - Inshâ' Allah .
17. If in a certain place or country, the norm is that the entire mahr must be given on the first night, then the woman has the right to demand the mahr on the first night. If she does not ask for it on the first night, she can ask for it whenever she wishes and it will be wâjib on the husband to give it to her. He cannot delay in fulfilling the mahr .
18. The practice in India is that the paying and receiving of mahr is undertaken after divorce or after death. When the woman is divorced, it is only then that she claims her mahr . Alternatively, when the husband dies and leaves behind some wealth, she takes her mahr from this left over wealth of his. If the woman dies, her inheritors claim the mahr . As long as the husband and wife are living together, no one pays the mahr nor does she ask for it. In such a situation, the woman cannot demand the mahr before divorce. However, it is wâjib on the man to give an amount that is normally given in that place on the first night. But if all these practices are not found in any place, these rules will not apply.
19. If the husband does not give the amount of mahr that is normally given beforehand, the wife has the right to refuse him to engage in sexual intercourse with her until he pays that amount. If they engaged in intercourse once, she still has the right of refusing him the next time or the following time if he does not pay the mahr . If he wishes to take her to another city or country, she has the right of not going unless her mahr is paid. Similarly, if the mahr is not paid and the woman wishes to travel to another city or country, or wishes to go to her parents home, and there is a ma h ram who can take her, then the husband does not have the right to stop her. But once he pays the mahr , she does not have the right to do any of these things without her husband's permission. It is not permissible for her to go anywhere without his consent. As for the husband, he can take her wherever he wishes. It is not permissible for her to refuse him.
20. The husband gave some item (or cash, gold, silver, etc.) to his wife with the intention that it is mahr . Whatever he gives will be regarded as part of the mahr . It is not necessary for him to inform his wife at the time of giving it to her that he is giving her mahr .
21. The man gave an item to his wife. She claims that the item was given as a gift and not as mahr while the man claims that he gave it as mahr . In this case, the husband's claim will be considered. However, if the item was such that it is consumed as food or drink, it will not be considered to be mahr and the husband's claim will not be considered.

from http://www.jamiaashrafia.org/divorce10.php

[Miss-Neurofen]

Is this authentic??

[.: hayat :.]

Is this authentic??
this u must check,,,i gave u the source,,,:)

[Miss-Neurofen]

A yes or no would have been helpful if u already know....

[ImaanSeeker]

Sis hayat: If I'm not mistaken your first post is from a shia website and the information is cited from shia books.

But the second long post, is MashaAllah a very good resource and authentic.

[Miss-Neurofen]

Jzk Imaanseeker bro!!! :D

[.: hayat :.]

A yes or no would have been helpful if u already know....

miss i didn't knew the truth so why to be mistaken n say yes or no,,,so if i didn't give u an answer was cuse of this so pls do not give a sarcastic replay,,,

Sis hayat: If I'm not mistaken your first post is from a shia website and the information is cited from shia books.

But the second long post, is MashaAllah a very good resource and authentic.

miss here is ur answer:torture:shukran gazillah akhi!!!:)

[belal1]

as salamu alaikum,

how does one calculate the amount of mahr to offer before marriage?

as salamu alaikum

[GuCcI]

is the mahr amount offered? i thought the bride's side say how much they want...

even so, its important for the amount to be reasonable and within hubby's reach and not a crazy number....

[Kal-El]

as salamu alaikum,

how does one calculate the amount of mahr to offer before marriage?

as salamu alaikum

Praise be to Allaah.
The minimum amount of mahr has been explained in the report in al-Saheeh (no. 1425) narrated from Sahl ibn Sa’d al-Saa’idi, who said: “A woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, I have come to give myself (in marriage) to you.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) looked at her and looked her up and down, then the Messenger of Allaah (peace and blessings of Allaah be upon him) lowered his head and paused.

When the woman saw that he had not made a decision about her, she sat down. A man from among the Sahaabah said, ‘O Messenger of Allaah, if you are not interested in her, then marry her to me.’ He said, ‘Do you have anything?’ He said, ‘No, by Allaah, O Messenger of Allaah.’ He said, ‘Go to your people and see if you can find anything.’ So the man went, then he came back and said, ‘No, by Allaah, I could not find anything.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Look and see (if you can find anything), even if it is only an iron ring which you can give.’ So he went, then came back, and said, ‘No, by Allaah, O Messenger of Allaah, not even an iron ring. But (I have) this izaar (garment) of mine, she can have half of it.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘What can she do with your izaar? If you are wearing it she will have nothing of it.’ The man sat down, then after a long time had passed, he got up (to leave).

The Messenger of Allaah (peace and blessings of Allaah be upon him) saw him leaving and called him. When he came, he said, ‘What do you know of the Qur’aan?’ He said, ‘Soorah Such-and-such and Soorah Such-and-such.’ He said, ‘Do you know them by heart?’ He said, ‘Yes.’ He said, ‘Then go, you are married to her by what you know of the Qur’aan.’” This hadeeth shows that it is permissible for the mahr to be a little or a lot of whatever is considered to be wealth, if both partners agree, because an iron ring is extremely little.


Source (http://islamqa.com/en/ref/3119/mahr)It can be anything or any amount. Calculations aren't needed.

[belal1]

as salamu alaikum,

:jkk: kal

as salamu alaikum

[LastFriday]

Can the husband deny the mehr ammount? or Protest against it? Or discuss it with the future spouse in private or, if allowed, the discussion have to be in open?

[Russo]

is the mahr amount offered? i thought the bride's side say how much they want...

even so, its important for the amount to be reasonable and within hubby's reach and not a crazy number....

Gucci

I was under the impression that its the bride's decision on what or how much she wants.

Is it true that her family her input into this? (Cos isnt this where the problems occur and they ask for extravagant amounts when she has no say or influence).

[Tawhid1]

MARRIAGE PAYMENT (MAHR)
Mukhtasar al-Quduri

1 Specification
1. The marriage is valid if a marriage payment is specified, and is valid [even] if no marriage payment is specified.

• If a man marries off his daughter [to another man] on condition that the [second] man marry off his sister or daughter [to the first man], such that each of the contracts is in exchange for the other, then both contracts are valid, however, each [of the women] is entitled to the marriage payment of her peers.

• The minimum [amount permissible for a] marriage payment is ten (10) dirhams [M: or that which, on the day of the marriage contract, is of equivalent value]; if less than ten dirhams is named, she is entitled to ten.

2. If a Muslim marries [a woman] upon [a marriage payment of] wine or pork, the marriage is valid, but she is entitled to the marriage payment of her peers.

• If he marries her upon [a marriage payment of] an un-described animal: the specification is valid; she is entitled to one which is average; and the husband has a choice: if he wishes, he may give her what had been agreed upon, or, if he wishes, he may give her its equivalent value.

• If he marries her upon [a marriage payment of] an un-described garment, she is entitled to the marriage payment of her peers.

• If a free man marries a woman upon [a marriage payment of] service to her for a year, or upon teaching her the Qur’an, she is entitled to the marriage payment of her peers.

2 Marriage payment of her peers
1. The marriage payment of her peers is reckoned by [consideration of the marriage payments of] her sisters, paternal aunts and paternal uncle’s daughters. It is not reckoned by considering those of her mother and maternal aunt if they are not of her tribe.

2. That which is taken into account in reckoning the marriage payment of her peers is that the two women be equivalent in:

(a) age;

(b) beauty;

(c) chastity;

(d) wealth;

(e) intelligence;

(f) religiousness;

(g) country;

(h) and the age [in which they live].

3 Entitlement
1. If a man is alone (khalwa) with his wife, such that there is no hindrance to their having sexual intercourse, and then divorces her, she is entitled to the complete marriage payment. If, however, one of them is ill, fasting in Ramadan, in a state of pilgrim sanctity for obligatory or supererogatory major pilgrimage (hajj) or minor pilgrimage (`umrah), or she is menstruating, the seclusion is not legally considered a valid seclusion.

• If a castrated man (majbub) is alone with his wife, and then divorces her, she is entitled to the complete marriage payment according to Abu Hanifa.

2. Whoever names a marriage payment of ten [dirhams] or more is obliged [to pay] the named [amount] if he consummates the marriage with her or dies leaving her.

• If he divorces her before consummation and seclusion, she is entitled to half of the named amount.

3. If he marries her and does not name a marriage payment, or he marries her on condition that there be no marriage payment, she is entitled to the marriage payment of her peers if he consummates with her or dies leaving her.

• If he divorces her before consummation, she is entitled to an amenity payment of three garments [K: namely, a robe (dar‘), head veil (khimar), and outer garment (jilbab)] suitable for her peers.

4. If he marries her not having named a marriage payment, and thereafter they mutually agree to a specific payment, she is entitled to that specified amount if they consummate or he dies leaving her.
If he divorces her before consummation, she is entitled to compensation.

5. If [a man] marries a woman on [a marriage payment of] one thousand on condition that he will not take her out of the country, or on condition that he will not marry another wife:

• if he holds to the stipulations, she is entitled to the named [marriage payment];

• if he takes another wife, or takes her out of the country, she is entitled to the marriage payment of her peers.

4 Increase or waiver of marriage payment
1. If a husband agrees to increase the already determined marriage payment after the conclusion of the contract, he is obliged to pay the additional amount; however, the increase is waived if he divorces her before consummation.

2. If she waives [a portion] of her marriage payment, the waiver is valid.

5 Amenity payment
1. It is recommended [for a man to give] an amenity payment (mut‘ah) to a wife he divorces.

2. [M: It is obligatory for an amenity payment to be given], however, to she who was divorced before consummation without a specific marriage payment ever having been named.

6 The legal guardian’s guaranteeing the marriage payment
If the legal guardian guarantees the marriage payment, his guarantee is valid, and the woman has a choice between demanding [it] from her husband or [from] her legal guardian.

[bhatti00]

can u not simplify this?

[urban_rose]

can u not simplify this?

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