What is Mahr/dowry?
Mahr is an obligatory gift from the husband to the wife (usually of monetary value) for the wife to use as she pleases. Mahr does not have to be a monetary amount but could instead (or in addition to money) be in the form of a property, jewellery, chattels etc.
Does the Mahr need to be given at the time of the Nikkah?
No. The Mahr can be immediate, deferred or a mix of the two. It is however, deemed practice, to give something to the wife before the marriage is consummated.
What is the minimum Mahr that must be given?
There is some consensus that is should be no less than 10 dirhams (currently circa £200).
How much Mahr should be expected if no amount was stated in the Nikkah?
The customary dowry given to female members of the bride’s family should be used as a comparative figure for entitlement.
If there is no Mahr stipulated in the Nikkah, will the Nikkah be invalid?
No. Mahr is a condition in a marriage contract. It does not affect the validity of the Nikkah contract itself.
What if Mahr was stated in the Nikkah but the husband hasn’t paid it?
The answer to this will vary depending on whether the parties have been alone together and whether the marriage has been consummated:
- If the marriage has been consummated, the wife is entitled to the full Mahr amount.
- If the parties were alone together but did not consummate the marriage through mutual choice then full Mahr is payable.
- If the parties were alone together but did not consummate the marriage due to obstacles beyond their control e.g. health conditions, then half Mahr is payable.
- If the parties were never alone together, then half Mahr is payable.
Where the wife is asking for a khula that is not due to the behaviour of the husband, then it is customary for it to be surrendered or paid back to the husband.
If my husband divorces me Islamically, can I make him pat the Mahr?
Under Sharia concepts, marriage is viewed as a contract between the two parties. If the Mahr amount has not been paid and the parties divorce under Islamic law without having ever been legally married, then subject to the terms of the Nikkah contract and unless agreed otherwise, this amount is then a contractual sum that is due to the wife. Under English law, the wife may be able to sue the husband for breach of contract, especially where there is a written Nikkah contract with a stipulated sum.
Where the marriage is legally recognised in England and Wales, the Mahr can be considered as part of the financial divorce settlement. Click here for more information: Finances in Divorce – Gardner Leader.