Muslim Women’s Islamic Right to Mahr

Author: Dr. Gabriela Martin

Muslim Women’s Islamic Right to Mahr

“Bismillah Ar-Rahman Ar-Raheem
Al-hamdu lillahi Rabb il-‘alamin
Ar-Rahman Ar-Raheem
Maliki yawmi-d-Din
Iyya-ka na’budu wa iyya-ka nasta’in
Ihdina-sirat al-mustaqim
Sirat al-ladhina an’amta ‘alai-him
Ghair il-Maghdubi ‘alai-him wa la-d-dallin.”
~Al-Fatihah 1:1-7
In the name of Allah, the Most Beneficent, the Most Merciful.
Praise be to Allah, Lord of the Worlds:
The Most Beneficent, the Most Merciful:
Owner of the Day of Judgment.
Thee (alone) we worship; Thee (alone) we ask for help.
Show us the straight path:
The path of those whom Thou hast favored; Not (the path) of those who earn
Thine anger nor of those who go astray.
~Al-Fatihah 1:1-7

Al-Quran

What is Mahr?

“And give the women, upon marriage, their bridal gifts graciously.
But if they give up willingly to you anything of it,
then take it in satisfaction and ease.”
~An-Nisa, 4:4

Al-Quran

Mahr is a required part of every Muslim marriage contract. Mahr is a gift that the husband must give the wife at marriage. Upon receipt, a woman’s Mahr automatically becomes her separate property. It is essential to point out that a husband does not have to give Mahr in one part. Mahr may be given in two parts. The first part is called the muqaddam, or the prompt Mahr, which the wife must receive immediately before or after the marriage ceremony. The second part of Mahr is called the mu’akhar, and it is a
deferred and promised amount, payable at any agreed-upon date following the consummation of the marriage. Oftentimes, the deferred amount is more significant than the amount paid at marriage. In theory, the deferred amount provides the wife with a
means of support in case of husband’s death or divorce. The muqaddam should be viewed as important as the initial Mahr payment. It is an obligation to be fulfilled by the husband and considered a debt if not given to the wife within the agreed timeframe.
The Mahr in any Islamic marriage contract is a fundamental religious right of the wife. The husband may not reduce the Mahr. Upon the husband’s death, the deferred Mahr is paid from his estate before all other debts, because it is a religious requirement.
There is no limit on the type of Mahr a woman can request. It can be any type of property, such as gold, silver, real estate, currency, carpets, dishes, cars, clothes, books, household appliances, or any other thing(s) that can be owned. Women are typically advised that it is in their best interest, to set their Mahr to be real estate, gold, silver, or anything else of financial value. They are advised this so their Mahr’s value does not decrease over time and can be used later as her reserve. However this is a more cultural practice rather than Islamic practice.
Muslim women need to understand that she is the ONLY owner of this property, no matter her Mahr. No one, including her parents/guardians or husband, have the right to use, take possession of, sell, or transfer her property without her explicit consent. All profits of her properties also belong to her, alone.

Mahr is mentioned explicitly in the Hadiths as a condition for the legality of marriage. The Mahr is for the wife to spend as she wishes and can be cash, jewelry or any other thing of value. “…they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr.”, as per Ursa bin Az-Zubair

“…they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr.”, as per Ursa bin Az-Zubair


(Bukhari, Book 62, Number 71)

As per Sahl, ‘Then a man said, “O Allah’s Apostle! Marry her to me.” The Prophet asked him, “What have you got?” He said, “I
have got nothing.” The Prophet said, “Give her something, even an iron ring.” He said, “I have got nothing.” The Prophet asked (him), “How much of the Quran do you know (by heart)?” He said, “So much and so much.” The Prophet said, “I have married her to you for what you know of the Quran.”’ (Bukhari, Book 62, Number 72). Not only do these Hadiths indicate that Mahr is a requirement for marriage, but they also are indicative that Mahr does not have to be costly. Over time, it has evolved into cultural
practice (in some countries) for women and their families to request large sums of cash or large amounts of gold. The Hadiths clearly indicate that this is not necessary.

In divorce cases, a woman is entitled to keep her Mahr, if the marriage has been consummated. As been Ibn ‘Umar, ‘The Prophet said, “You are not entitled to take back any money. If you have told the truth, the Mahr that you paid, was for having sexual
relations with her lawfully; and if you are a liar, then you are less entitled to get it back.”’ (Bukhari, Book 63, Number 262). If a woman divorces, before her marriage is consummated, she is still entitled to compensation by her husband. “There is no blame
upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation-the wealthy according to his capability and the poor according to his capability-a provision according to what is
acceptable, a duty upon the doers of good.” (Al-Baqarah, 2:236)

Islam established Mahr as an obligation husbands must gift their wives to solemnize their marriage. Mahr is to be determined by the wife according to her prospective husband’s means, and it becomes her sole property. Sisters should diligently exercise their right to their Mahr and marriage contract.

About the author:

Dr. Gabriela Martin was born in Mexico and raised in both the United States and Mexico. She received her education in the United States. She has undergraduate and graduate degrees in Special Education. She has a doctorate in Metaphysical Humanistic Studies. Dr. Martin is a Reiki Master/Teacher, Associate Practitioner NLP, Certified Holistic Life Coach, Holistic Health Practitioner, and an ordained non-denominational minister. She spent 23 years teaching and helping at-risk youth. Before retiring from the education field, her last teaching assignment was at an off-reservation Native American boarding school. To read her full bio, click here.

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