al-Sadaaq /al-Mahr (Dowry)

By Shaykh Mushtaq Shaikh

Introduction

I have attended numerous marriage ceremonies (’aqd nikah). In each ceremony the imam will recite the marriage sermon followed by the formal offer (ijaab) and acceptance (qabul) between the groom and the bride’s representative. Many imams maximize this opportunity to highlight some key points related to marriage. Throughout the ceremony, the part which most attendees keenly listen to (myself included) is the amount of wealth being offered to the bride. In Qur’an and Hadith the most commonly used words to describe this wealth is al-Sadaaq and al-Mahr. These words are often translated as dowry. According to The Oxford Dictionary of Islam, Mahr is defined as:

“Dowry paid by a husband to his wife. Becomes the property of the wife to spend, save, or invest as she pleases, although in some countries it is often taken by the bride's family. Can be either money or property. May be paid all at once or split into two payments, one upon marriage and the other at time stipulated in the marriage contract, such as upon the death of the husband or divorce.”[1]

However, the word “dowry” is also used to describe the wealth that is brought by the bride to her husband on their marriage.[2] This latter type of dowry[3], which has become a major component of today’s marriage functions, has been imported from polytheistic societies. Within certain Muslim communities, this practice has evolved into an oppressive custom, victimizing girls and their families. Its current form is alien to Islam, yet it is widespread within certain Muslim communities.[4] Due to the word dowry being a homonym I have avoided using this word throughout the paper in favour for the word mahr.

In this paper I have compiled some information pertaining to mahr and the regulations surrounding it. There are several motivating factors behind this work, namely the misunderstandings which are prevalent within the Muslim communities about mahr. Over the years I have noticed that the importance of mahr and its obligation to pay it in a timely fashion has diminished to such an extent that customs and traditions whose roots can be found in certain idolatrous societies have taken precedence. In some cases these cultural practices are considered a vital part of the whole marriage celebration. On the other hand, mahr is taken to be a customary component of marriage with no religious meaning. Due to this dominant cultural ideology, some grooms do not perceive the mahr payment as a religious obligation prescribed in the Qur’an and Hadith, but merely an amount of dollars that is routinely announced at the time of marriage and then neglected. Some men have the audacity to ask the wife to waive it. In some cases the amount of mahr is ridiculously high, baffling the participants and leaving them wonder-struck, as to why such an extreme amount. In light of Qur’an and Sunnah, are such extreme amounts of mahr permissible? What are the consequences of not paying the mahr? Does the wife have the right to demand the mahr from her husband? Will this be considered disrespect and/or disobedience to the husband? If she waives the mahr under duress, will it be acceptable? Due to the devaluation of different currencies, would it preferable to give the mahr in the form of precious metals such as gold and silver? These are just some of the questions and topics I wish to cover in this work. I pray to Allah that He makes this humble work a source of enlightenment to all adults, whether they are currently married or searching for a lifelong companion.

Obligation of Mahr

Many Islamic jurists have elaborated on the different wisdoms behind stipulating the mahr.[5] The late Indian scholar, Sheikh Ashraf Ali Thanwi (Rh), writes:

“It is part of the marriage contract that the mahr be determined. In this way the husband will know that he is liable to suffer a monetary loss if he dares to break the ties. So, unless he faces a compelling reason, he will not dare break the marriage ties. The mahr is, therefore, an assurance of continuity of marriage ties.”[6]

Dr. Ibrahim Abdulla Al-Marzouqi, in his thesis entitled Human Rights in Islamic Law, writes:

“... it (mahr) reduces the potency of spouses in abusing their right to divorce for any slight reason. For instance, if the husband divorces his wife he would have to prepare another dowry in case he intends to contract a new marriage, besides that, he is not entitled to claim back the dowry from his first wife. On the other hand, if the wife asks for divorce al-khul‘, without a genuine reason or without being motivated deliberately by her husband, she is obliged to pay him a compensation. According to some jurists, such as some Hanafi scholars and al-Awza‘ee, the maximum amount of the compensation should not exceed the sum of dowry which was paid to the wife, while the majority of jurists allow any excessive amount.” [7]

From the following Qur’anic verse, Islamic jurists have ruled that mahr is a mandatory (wajib) payment upon the husband.

“All except them have been permitted for you to seek (to marry) through your wealth, binding yourself, (in marriage) and not only for lust. So, whoever of them you have benefitted from, give them their due as obligated.” [8]

The husband is obliged to pay some wealth to his wife as a token of honour and respect. It is only the ignoramuses that perceive the mahr as a ‘bride price.’ This honorarium[9] can be in the form of gold, silver or cash. An item of monetary value can also be given as mahr.

Anas (Rd) has narrated, “Abdul Rahman ibn Awf (Rd) married a woman and gave her gold equal to the weight of a date stone.[10] When the Prophet (S) noticed the sign of cheerfulness and asked him about it, he said, ‘I have married a woman and gave gold equal to a date stone in weight.’” [11]

Sahl ibn Sa’ad (Rd) has reported that the Prophet (S) said to a man, “Marry, even with an iron ring.” [12]

This honorarium should not be so nominal that the concept of honour is disregarded; neither should it be so exorbitant that it is beyond the husband’s financial capacity and he is compelled to ask his wife to waive it or he dies without paying it.

Allah has instructed the grooms to make this payment happily and wholeheartedly.

3336“Give women (your wives) their dowries with a good heart (in good faith).”[13]

Pre-Islam Arabia was a tyrannical patriarchal society. Injustice towards women was a regular occurrence. Such evil cultural practices also involved the mahr. At the time of marriage the mahr was not given to the wife, instead her guardians would take possession of it directly from the husband and the husband would reluctantly make the payment, as if paying a penalty or tax. It was to purify the society from such oppression that Allah revealed the above verse.[14]

It is recommended (mustahabb) to stipulate the amount at the time of marriage. If the amount of mahr is not mentioned, the marriage will still be valid.[15] In any case, upon consummation the complete payment becomes obligatory.

Zurarah ibn Awfaa reports, “The righteous guided Caliphs passed a judgement that when the door is closed and curtains pulled, the mahr becomes obligatory.” [16]

Zayd ibn Thabit (Rd) reports, “When a man goes to his wife and the veils are let down over the two of them (so that they are alone together), then the dowry is obligatory.” [17]

At the time of payment it will also be necessary for the husband to formally intend paying the mahr. Verbal expression of the intention is not necessary. The intent of the heart will suffice. The obligation of paying the mahr will not be discharged by merely giving money or any other item of monetary value without intending to pay the mahr.[18]

Every marriage will fall into one the following eight categories. The table [A] below describes each category with its specific ruling pertaining to the mahr payment. The original table[19] is in Urdu written by Mufti Saeed Ahmad Palanpuri (Db) and can be found in his monumental work Rahmat-ul Allah al-Wasi‘ah along with the supporting evidence for each ruling.

Table A

Mahr Mithl or Dowry of Equivalents

The amount of mahr that is typically received by a similar bride from her father’s side of the family, e.g. sisters, paternal aunts and their daughters and daughters of paternal uncles.[29]

Mut’ah

The gifts that are given by the husband to his wife upon divorce are known as Mut’ah. If at the time of marriage the mahr was not decided and prior to consummation divorce is issued, then it will be binding upon the husband to give some gifts to his wife. If divorce is issued after consummation then it will be mustahabb (recommended) to give mut’ah. The amount of mut’ah has not been prescribed by Qur’an and Hadith. Based on the following verse from the Holy Qur’an, the husband shall give according to his financial capacity.

“There is no sin on you if you divorce women when you have not yet touched them nor fixed for them an amount. So, give them benefit, a rich man according to his means and a poor one according to his means, a benefit in the recognized manner, an obligation on the virtuous.” [30]

There is no maximum limit as to how much the husband can give. Hasan (Rd) gave 20,000 Dirhams as mut’ah. Judge Shurayh (Rh) gave 500 Dirhams.[31] According to Imam Abu Hanifah (Rh) the minimum amount is one set of clothes.

If a marriage ends in divorce and the wife is not at fault, the husband cannot claim the mahr or any other wealth in exchange for the divorce, regardless of the amount. Based on the following Qur’anic verse, having the wealth returned to him would be a form of sin.[32]

“If you want to take a wife in place of the one (you have), and you have given her a lot, then do not take back anything from it through imputation and open sin. And how can you take it when you have had access to each other and they have taken a firm covenant from you.”[33]

Immediate Payment or Deferred Payment

The mahr is a debt that must be paid as earliest as possible. To unnecessarily delay the payment is not acceptable. It can be paid immediately at the time of marriage or upon mutual agreement, deferred to a future date. It is advisable[34] to discharge a portion of the payment before consummation. When Ali (Rd) married Fatimah (Rd), the Prophet (S) advised Ali (Rd), “O Ali, pay some amount prior to meeting your wife.”[35]

If the mahr payment is to be made immediately, then the husband is obligated to pay his wife as soon as possible without delay. He is not permitted to wait until she asks. In such a case the bride may refuse to travel with her husband and deny him of any form of intimacy until she receives the immediate payment of her mahr.[36] If the husband does not pay, she is perfectly entitled to demand the payment.[37] This would not constitute as disrespect or disobedience to the husband.

If the payment has been deferred then it would not be permissible for the wife to demand the deferred payment before the due date, but once the date has arrived it would be perfectly legal (in accordance to Islamic law) for her to demand the amount. Partial amount of the mahr can also be deferred until the termination of the marriage by either death or divorce. In this case, she would receive the deferred amount upon termination. In the case of the husband’s death the outstanding amount would be categorized as an unpaid debt of the deceased. If she does not waive the mahr, she will be entitled to this amount. Prior to distributing the inheritance, the heirs will be obliged to pay her the mahr and relieve the husband of this debt.[38] This payment will not act as a substitute to her share of inheritance. Along with the mahr payment this widow has the Islamic legal right towards her complete share of inheritance. It would be impermissible and a grave injustice to deprive her of her share from the inheritance. Such a deed would constitute a major sin and its perpetrators would be held accountable on the Day of Judgement. If the wife happens to die prior to receiving the complete mahr, her inheritors will be entitled to demand the payment from her husband. Her mahr will be included in her wealth and it will be distributed amongst her heirs in accordance with the laws of inheritance.[39]

Forgoing the Mahr

Sometimes the husband or his family pressures the wife into waiving the mahr. This is a deplorable and shameful act as it is totally against the concept of mahr. If the wife waives the mahr under such duress, it will not be accepted and the husband will still be obliged to pay. In shariah the forgiveness of the wife will only be applicable if she willingly, without any coercion and pressure, forgoes her right to the mahr.[40] This ruling is derived from the following Qur’anic verse:

“If they are happy to give up some of it for you, you may have it to your advantage and pleasure.”[41]

In pre-Islam Arabia injustice against women was to pressure them into forgoing the mahr. The above verse was revealed to eradicate such transgression. Unfortunately, this pre-Islamic custom has survived till this day. The wealth of a person can never be lawful without his/her wholehearted and willful consent. The Prophet (S) has said, “Listen! A person’s wealth is not halal (lawful) unless it be through his own will.”[42]

If the bride is voluntarily forgoing the mahr, then according to Sheikh Ashraf Ali Thanwi (Rh), it is recommended that she only foregoes a partial amount of the total payment.[43] Imam Awza‘ee (Rh) is of the opinion that it is not permissible for the wife to forgive the mahr until she has her first baby or has lived with her husband for at least one year.[44]

If the husband does not have the financial capacity to pay the mahr due to loss of income, bankruptcy or any other valid reason, then the couple should mutually agree upon a solution without transgressing anyone’s marital rights and maintaining a harmonious relationship. Upon mutual agreement, it would also be permissible to pay the mahr in installments.[45] In the case of the husband dying without leaving behind any wealth, the two parties, while understanding each other’s situation, should mutually reach an agreement.

The Messenger of Allah (S) has issued a dire warning for husbands who specify an amount of mahr yet do not intend to pay it. The noble Prophet (S) has used the word zani (fornicator) to describe such husbands and according to one Hadith such husbands will meet Allah on Judgement Day as fornicators.[46]

Amount of Mahr

The four famous imams of fiqh are unanimous that there is no cap for the amount of mahr,[47] but there is some disagreement with regards to the minimum amount. According to Imam Abu Hanifah (Rh), the minimum amount for mahr is 10 Dirhams. His view is based on a narration reported by Jabir (Rd). He narrates in a lengthy hadith, “.... I heard the Messenger of Allah saying, ‘And there is no mahr less than ten....’” [48] This translates into 30.618 grams of silver.[49] According to Imam Shafi (Rh) and Imam Ahmad ibn Hanbal (Rh) there is no minimum amount. Any amount or item that has some monetary value can be mahr. Imam Malik (Rh) is of the opinion that the minimum amount for mahr is 3 Dirhams.[50]

Ahaadith reported by Aisha (Rd), Abdullah ibn Abbas (Rd) and Uqbah (Rd) narrate that the Prophet (S) discouraged excessive mahr;[51] for this reason it is recommended (mustahabb) that the mahr not be excessively high.[52] One of the noble traits of a bride is that her mahr be low.[53]

Abdul-Rahman ibn Awf (Rd) gave gold equal to the weight of a date stone for mahr.[54] In another Hadith, the Prophet (S) permitted one of his companions to give an iron ring as mahr.[55] A lady from the Bani Fazarah accepted a pair of shoes for mahr.[56] According to another Hadith, two handful of dates or flour is sufficient for mahr.[57] Imam Saeed ibn al-Musayyab after rejecting a marriage proposal he had received for his daughter from Walid ibn Abdul-Malik ibn Marwan, happily married his daughter to one of his students Abu Wada‘ah and the mahr was 2 Dirhams.[58]

Once Umar ibn Khattab (Rd) delivered a sermon prohibiting the people from excessive amounts of mahr. He said, “I do not know who increased dowries above 400 Dirhams because the dowry that the Messenger of Allah (S) and the Sahaabah gave was always 400 Dirhams or less. Had larger dowries been an act of piety or honour, people would have never surpassed the Messenger of Allah (S) and Sahaabah to it.” After he had alighted from the pulpit, a woman from the Quraysh objected, “O Amirul Mumineen!” she said, “Are you forbidding the people from paying dowries in excess of 400 Dirhams?” When he confirmed it, she argued back saying, “Have you then not heard Allah say in the Qur’an, ‘...When you have given one of them a fortune...[59]’” Umar (Rd) then replied, “Allah forgive me! Everyone has more understanding than Umar.” He then returned to the pulpit and proclaimed, “O people! I had forbidden you from paying dowries in excess of 400 Dirhams (the prohibition no longer stands) therefore whoever wishes to give whatever he pleases from his wealth, he may do so.”[60]

In 1977 the Commission of the Supreme Jurists in Saudi Arabia urged their people to decrease the mahr and they asked the government to educate its citizens of the negative social effects of exorbitantly high mahr.[61]

The Prophet (S) and his successors greatly encouraged a low and modest mahr, but he did not prohibit the grooms from stipulating a higher amount; examples of husbands honouring their wives with a higher than average mahr have been documented.

Hasan ibn Ali (Rd) gave one of his wives a total of 100,000 Dirhams.[62] According to a report in Abu Dawud, when the Abyssinian king Negus conducted the marriage ceremony of the Prophet (S) with Umm Habibah (Rd), on behalf of the Prophet (S) he gave Umm Habibah (Rd) 4,000 Dirhams as mahr.[63] Mus‘ab bin Zubayr gave Aisha bint Talhah 1,000 Dirhams.[64] Thabit ibn Qays (Rd) gave his wife a garden for mahr. Later she returned it in exchange for a divorce.[65] Umar ibn al-Khattab (Rd) gave his wife Umm Kulthum bint Ali 40,000 as mahr.[66] Based on these reports it is permissible for a wealthy groom to offer a high amount of mahr and perfectly valid for the bride to accept it.

Many grooms have taken the mahr to be a customary practice of no religious significance, as a result the grooms specify excessive amounts of mahr which is beyond their financial capacity, and subsequently the mahr stipulated is never paid. If a groom does not pay the mahr and dies, then all the Hadith in which the Prophet (S) has condemned those individuals who die without paying off their debts will apply.

Mufti Taqi Usmani (Db) is of the opinion that if the following conditions are met then it would be permissible to stipulate a high amount of mahr.[67]

1. Ostentation is not the objective
2. The groom has a firm intention of paying the complete amount
3. The amount is within the groom’s financial capacity.

According to a Hadith reported by Imam Muslim (Rh) the mahr of the Prophet’s (S) wives (majority of them) was 500 Dirhams.[68] There are conflicting reports regarding Mahr Fatimi i.e. the amount of mahr that was given to Fatimah (Rd). The most authentic opinion is that her mahr was 480 Dirhams.[69] Imam Nawawi (Rh) is of the opinion that the mahr should not exceed 500 Dirhams. 500 Dirhams equals to 1.5309kg. of silver.[70] During the Prophet’s (S) era 500 Dirhams was a moderate and appropriate amount for mahr.[71] The table [B] below illustrates the different amounts of mahr in today’s weight and currency.

Table B

Conclusion

The mahr is the right of the bride, so it would be highly inappropriate for the groom and his family to take a unilateral decision in determining the mahr. The amount is mutually agreed upon by both parties.[74] Neither party can force an amount on the other. Demanding an extortionate amount of mahr, which is beyond the groom’s financial capacity, is a sign of greed. The objective of marriage has never been to accumulate wealth. If the groom is coerced into accepting such an amount, then resentment and enmity of the bride is likely to take root in his heart. This is a stepping stone for an unhealthy relationship. When excessive amounts of mahr become the norm, marriage becomes extremely difficult for men and women resulting in an increase in the unmarried population. This is detrimental to the men and women and results in social and moral corruption. The following points (written in no specific order) should be taken into consideration when discussing the mahr:

1. Sincerity of intention (Ikhlas)
2. Honour of the bride and her family
3. Financial capacity of the groom
4. The mahr received by other similar brides in her family
5. Socioeconomic status of the groom and the bride
6. Moderation

If the above points are taken into account, then quarrels and marital problems arising due to mahr will diminish. The bride’s honour will be upheld and the mahr will not be a financial strain on the groom. It is preferable to pay half the amount immediately after the marriage solemnizes, but prior to consummation. The remaining amount can be paid after consummation or in installments over a reasonable mutually agreed upon period of time. It can also be deferred until the marriage terminates by death or divorce as previously stated.

Paying the mahr is an act of worship, a form of obedience to Allah and a show of devotion to one’s bride. It was never meant to be an obstacle for marriage. Discharging the payment is a virtuous deed and neglecting it invites Allah’s anger. To consider this otherwise would be foolish. If a wife seeking reward and the pleasure of Allah, happily forgoes some or all of the mahr, then this act of kindness, would be another reason to shower her with love and mercy. This show of generosity in the early stages of marriage is a symbol of her love and commitment to an everlasting relationship. To recompense her kindness with anything less would be a grave injustice.

Juristic Decisions Pertaining to Dowry[75]

by Islamic Fiqh Academy of India (IFA – India)

2^nd Seminar in New Delhi, Dec. 8 – 11, 1989

Islam has given a unique right to women in the form of mahr, which the bride receives from the groom as a result of her marriage with him. This particular practice has become controversial nowadays due to the gradual devaluation of the present currency, which renders mahr almost insignificant at the time of actual payment of it. Hence, the Second Seminar of the IFA-India has taken up the matter and resolved as follows:

This Seminar has a strong feeling that mahr should be fixed in terms of gold or silver so that the rights of the marrying women could be properly preserved and they could be saved from loss due to devaluation of the prevailing currency (in which mahr is generally fixed) in the later days.

13^th Seminar in Katauli, Lucknow, UP April 13 - 16, 2001

More than a hundred religious scholars belonging to different schools of thought in the country attending the 13^th Fiqh Seminar of the IFA-India held in April 2001 signed the following decisions:

This session of the IFA expresses deep concern over the general mentality of putting grooms on sale, rampant in the present Muslim society, where boys are treated as a market commodity. Not only have the boys themselves made higher demands of dowry, but also their parents and relatives. They are on a look as to who makes the highest bid for them. Shariah prohibits taking from the girl’s party anything in the name of social customs or prevalent dowry. Rather, shariah has entrusted a man with bearing the expenses of matrimony as ordained by the Qur’an. Today, we have reversed this Qur’anic principle and women are coerced into spending money on matrimony. Sometimes the groom’s party makes a clear demand for dowry while at others it is received under the garb of customs and rituals. The shariah forbids all such forms of acceptance and offer.

This session of the academy calls upon the Muslims of India to set the Muslim society on the path shown by the Prophet (S) and to execute matrimonial alliance in a simple fashion, avoiding all sorts of extravagance. They should hold matrimonial ceremonies without forcing the girl’s party to yield to their undue demands and strictly follow the sunnah of the Prophet (S).

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[1] http://www.oxfordislamicstudies.com/article/opr/t125/e1390

[2] http://oxforddictionaries.com/definition/english/dowry

[3] In some cultures it is known as Jehez.

[4] For a detailed discussion on this custom please refer to Halal wa Haram (Urdu) pp. 268 -270 by Mufti Khalid Saifullah Rehmani db.

[5] For further details please refer to: Rahmatul-Allah al-Wasi‘ah (Urdu) by Mufti Saeed Ahmad Palanpuri; The Wisdom Behind the Commands of Islam (Eng. trans. of Urdu book) by Sheikh Ashraf Ali Thanwi rh.; Hujjatul-Allah al-Balighah (Arabic) by Shah Waliullah Dahlawi rh.

[6] The Wisdom Behind the Commands of Islam (Eng. trans. of Urdu book) p. 226 by Sheikh Ashraf Ali Thanwi rh.

[7] Human Rights in Islamic Law, p. 203 – 204 by Dr. Ibrahim Abdulla Al-Marzouqi

[8] Surah al-Nisaa #24

[9] For a detailed answer/fatwa as to why the word honorarium has been used to describe mahr please refer to Fatawaa Usmani (Urdu) v. 2 pp. 298 – 301 by Mufti M. Taqi Usmani db.

[10] Various interpretations for ‘gold equal to the weight of a date stone’ exist. For a detailed discussion please refer to Fath al-Mulhim v. 3 p. 406.

[11] Bukhari #5148, The Book of Marriage

[12] Bukhari #5150, The Book of Marriage

[13] Surah al-Nisaa #4

[14] Ma‘ariful Qur’an v. 2 p. 315 by Mufti M. Shafi Usmani rh., Eng. trans. by M. Shamim

[15] Al-Hidayah (Arabic) v. 2 p. 323 by Ali ibn Abu Bakr Al-Farghani Al-Marghinani rh.; Halal wa Haram (Urdu) p. 265 by Mufti Khalid Saifullah Rehmani db.

[16] ’Ilaa al-Sunan (Arabic) v. 11 p. 89 by Zafar Ahmad Usmani Thanwi rh.

[17] ’Ilaa al-Sunan (Arabic) v. 11 p. 89; The Muwatta of Imam Muhammad, The Book of Marriage #531

[18] Islami Shadi (Urdu) p. 145 by Ashraf Ali Thanwi rh.

[19] Rahmatul-Allah al-Wasi‘ah (Urdu) v. 5 p. 73 by Mufti Saeed Ahmad Palanpuri

[20] The mahr is specified either verbally or in a contractual agreement. Usually at the time of marriage solemnization (’aqd nikah) it is announced by the imam.

[21] Surah al-Nisaa #24

[22] Surah al-Nisaa #24

[23] Rahmatul-Allah al-Wasi‘ah (Urdu) v. 5 p. 73 by Mufti Saeed Ahmad Palanpuri

[24] Surah al-Baqarah #237

[25] Rahmatul-Allah al-Wasi‘ah (Urdu) v. 5 p. 73 by Mufti Saeed Ahmad Palanpuri

[26] Rahmatul-Allah al-Wasi‘ah (Urdu) v. 5 p. 73 by Mufti Saeed Ahmad Palanpuri

[27] The Muwatta of Imam Muhammad, The Book of Marriage #543; Abu Dawud, Chapter of Marriage; Mishkat, The Chapter of Mahr.

[28] Surah al-Baqarah #236; Al-Hidayah (Arabic) v. 2 p. 324 by Ali ibn Abu Bakr Al-Farghani Al-Marghinani rh.

[29] Al-Hidayah (Arabic) v. 2 p. 333 by Ali ibn Abu Bakr Al-Farghani Al-Marghinani rh. For a detailed discussion please refer to Al-Hidayah.

[30] Surah al-Baqarah #236

[31] Ma‘ariful Qur’an v. 1 p. 611 by Mufti M. Shafi Usmani rh., Eng. trans. by M. Shamim

[32] Ma‘ariful Qur’an v. 2 pp. 373 - 374 by Mufti M. Shafi Usmani rh., Eng. trans. by M. Shamim

[33] Surah al-Nisaa #20, 21

[34] Some jurists are of the opinion that it is wajib (compulsory) to give a partial amount of the mahr before consummation. See Bawaadir al-Nawaadir (Urdu) p. 764 by Ashraf Ali Thanwi rh.

[35] Halal wa Haram (Urdu) p. 265 by Mufti Khalid Saifullah Rehmani db.

[36] Al-Hidayah (Arabic) v. 2 p. 334 by Ali ibn Abu Bakr Al-Farghani Al-Marghinani rh.; Ma‘ariful Qur’an v. 2 p. 387 by Mufti M. Shafi Usmani rh., Eng. trans. by M. Shamim; Ahsanul-Fatawaa (Urdu) v. 5 p. 34, 35 by Mufti Rashid Ahmad Ludhyanwi rh.; Fatawaa Mahmudiyyah (Urdu) v. 17 p. 319 Q. 6410, p. 321 Q. 6411 by Mufti Mahmud Hasan Gangohi rh.

[37] Islami Shadi (Urdu) p. 147 by Ashraf Ali Thanwi rh.; Fatawaa Mahmudiyyah (Urdu) v. 17 p. 322, 323 Q. 6413 by Mufti Mahmud H. Gangohi rh.

[38] Mishkat, The Book of Sales; Fatawaa Mahmudiyyah (Urdu) v. 17 p. 312 Q.6403 by Mufti Mahmud Hasan Gangohi rh.

[39] Fatawaa Mahmudiyyah (Urdu) v. 17 p. 307 Q. 6397 by Mufti Mahmud Hasan Gangohi rh.

[40] Ma‘ariful Qur’an v. 2 pp. 315 - 316 by Mufti M. Shafi Usmani rh., Eng. trans. by M. Shamim; Islami Shadi (Urdu) pp. 146 – 147 by Ashraf Ali Thanwi rh.; Bayan al-Qur’an (Urdu) commentary of [4:4] by Ashraf Ali Thanwi rh.

[41] Surah al-Nisaa #4

[42] Mishkat, The Book of Sales

[43] Ahkam al-Qur’an (Arabic) v. 2 p. 105 by Zafar Ahmad Usmani Thanwi rh.

[44] Ahkam al-Qur’an (Arabic) v. 2 p. 105 by Zafar Ahmad Usmani Thanwi rh.

[45] Fatawaa Mahmudiyyah (Urdu) v. 17 p. 331 Q. 6420 by Mufti Mahmud Hasan Gangohi rh.

[46] Al-Targheeb wa al-Tarheeb (Arabic) v. 2 p. 599, 602, v. 3 p. 48 by Abdul-Adheem Al-Mundhiri rh.; For a detailed discussion please refer to Al-Tashbih bi Ahl al-Saffaah liman Laa Ureedu Adda al-Mahr fi al-Nikah (Urdu) in Bawaadir al-Nawaadir (Urdu) by Sheikh Ashraf Ali Thanwi pp. 761 – 764.; For commentary of the chain of narrators please refer to Majma’ al-Zawaaid (Arabic) v. 4 p. 284 by Hafiz Nuruddin Ali ibn Abi Bakr al-Haythami

[47] Ahkam al-Qur’an (Arabic) v. 2 p. 198 by Zafar Ahmad Usmani Thanwi rh.

[48] ’Ilaa al-Sunan (Arabic) v. 11 p. 79 by Zafar Ahmad Usmani Thanwi rh.; For a detailed discussion on the chain of narrators and the status of this Hadith please refer to ’Ilaa al-Sunan and Fatawaa Darul Uloom Zakaria (Urdu) v. 3 pp. 624 - 626 by Mufti Radaul Haqq db.

[49] Jadid Fiqhi Masaa’il (Urdu) v. 1 p. 196 by Mufti Khalid Saifullah Rehmani db.; Fatawaa Darul Uloom Zakaria (Urdu) v. 3 p. 624 by Mufti Radaul Haqq db.; According to Dr. Ibrahim A. Al-Marzouqi it equals to 31.15 grams of silver. See Human Rights in Islamic Law, p. 201; According to the research of Mufti Rashid Ahmad Ludhyanwi rh. 10 Dirhams is equal to 34.02 grams of silver, see Ahsanul-Fatawaa (Urdu) v. 5 p. 32.

[50] Dars Tirmidhi (Urdu) by Mufti Taqi Usmani db. v. 3 pp. 389 – 394; Ahkam al-Qur’an (Arabic) v. 2 p. 226 by Zafar Ahmad Usmani Thanwi rh.

[51] Majma’ al-Zawaaid (Arabic) v. 4 p. 281 by Hafiz Nuruddin Ali ibn Abi Bakr al-Haythami; Islami Shadi (Urdu) pp. 140 – 144 by Ashraf Ali Thanwi rh.

[52] ’Ilaa al-Sunan (Arabic) v. 11 pp. 87 – 88 by Zafar Ahmad Usmani Thanwi rh.; Islami Shadi (Urdu) pp. 140 – 144 by Ashraf Ali Thanwi rh.; Awjaz al-Masaalik (Arabic) v. 10 p. 323 by Sheikh M. Zakariyya Kandahlwi rh.

[53] See ahaadith in Majma’ al-Zawaaid (Arabic) v. 4 p. 281 by Hafiz Nuruddin Ali ibn Abi Bakr al-Haythami

[54] Bukhari #5148, The Book of Marriage

[55] Bukhari #5150, The Book of Marriage

[56] Tirmidhi, The Chapter of Women’s Dowry

[57] Abu Dawud, The Chapter of Dowry

[58] Suwar min Hayat al-Tabi‘een (Arabic) p. 203 by Dr. Abdul-Rahman Rafat Pasha

[59] Surah al-Nisaa #20, The Arabic word is Qintar. There are many different interpretations as to its meaning. Please refer to Umdah al-Qari v. 14 p. 101.

[60] Hayat al-Sahaabah (Arabic) v. 2 p. 941 by Sh. M. Yusuf Kandahlwi Rh.

[61] Human Rights in Islamic Law, p. 205 by Dr. Ibrahim Abdulla Al-Marzouqi

[62] Halal wa Haram (Urdu) p. 264 by Mufti Khalid Saifullah Rehmani db.; Hayat al-Sahaabah (Arabic) v. 2 p. 943 by M. Yusuf Kandahlwi Rh.

[63] Abu Dawud, The Chapter of Women’s Dowry; Umdah al-Qari (Arabic) v. 14 p. 102 by Badruddin al-Ayni rh.; Fatawaa Mahmudiyyah (Urdu) v. 17 p. 328 Q. 6417 by Mufti Mahmud Hasan Gangohi rh.; Mishkat, The Chapter of Mahr.

[64] Umdah al-Qari (Arabic) v. 14 p. 102 by Badruddin al-Ayni rh.

[65] Bukhari #5273, The Book of Divorce, Al-Khul’ and how a divorce is given according to it.

[66] ’Ilaa al-Sunan (Arabic) v. 11 p. 88 by Zafar Ahmad Usmani Thanwi rh.; Umdah al-Qari (Arabic) v. 14 p. 102 by Badruddin al-Ayni rh.; Awjaz al-Masaalik (Arabic) v. 10 p. 323 by Sheikh M. Zakariyya Kandahlwi rh. In these three books the currency of the 40,000 has not been specified, but according to the eng. trans of Hayat Sahaabah by Sh. Yusuf Kandahlwi rh. and translated by Mufti Afzal H. Elias the currency is dirhams.

[67] Zikr wa Fikr (Urdu) pp. 276 – 281 by Justice Mufti Taqi Usmani db. Originally published as a column in the daily Urdu paper Jang on Nov. 2, 1995.

[68] Muslim Hadith #3464, Most of the wives received 500 Dirhams, but not all of them. See Fath al-Mulhim v. 3 p. 405, 406. Umm Habibah rd. was given 4000 Dirhams by King Negus, Umm Salmah rd. received some household items, Safiyyah rd. was granted freedom from slavery.

[69] Ahsanul-Fatawaa (Urdu) v. 5 p. 31 by Mufti Rashid Ahmad Ludhyanwi rh.; Fatawaa Darul Uloom Zakaria (Urdu) v. 3 pp. 626 - 628 by Mufti Radaul Haqq db.

[70] Jadid Fiqhi Masaa’il (Urdu) v. 1 p. 196, 197 by Mufti Khalid Saifullah Rehmani db.; Rahmatul-Allah al-Wasi‘ah (Urdu) v. 5 p. 69 by Mufti Saeed Ahmad Palanpuri; According to the research of Mufti Rashid Ahmad rh. 500 Dirhams would equal 1.701kg. of silver and according to Dr. Al-Marzouqi it would equal to 1.5575kg of silver.

[71] Rahmatul-Allah al-Wasi‘ah (Urdu) v. 5 p. 70 by Mufti Saeed Ahmad Palanpuri

[72] Price of silver on Nov. 16, 2012 $32.28CDN  courtesy of http://silverprice.org/silver-price-per-ounce.html

[73] According to the Hanafi school of thought.

[74] Fatawaa Mahmudiyyah (Urdu) v. 17 p. 270 Q. 6370 by Mufti Mahmud Hasan Gangohi rh.

[75] Juristic Decisions on Contemporary Issues (Eng. trans of Urdu) pp. 135-137 by IFA-India – Islamic Fiqh Academy of India.