Property of the Wife(Haq Mahr)
“Haq mahr (Dower) is a wife’s right, which gets to be tying upon the husband once the marriage is contracted. It is completely payable after the culmination of marriage. but if divorce happens before the fulfillment of marriage then a large portion of the Haq mahr is obliged to pay unless the wife or her guardians waive it. Allah said:
“And give unto the women, (whom ye marry) free gift of their marriage portions…” (An-Nisa’: 4)
Allah Almighty also says:
“And those of whom ye seek content (by marrying them), give unto them their portions as a duty…” (An-Nisa’: 24)
The Haq mahr (Dower) is the sole property of the wife and neither parents nor whatever other relatives have any directly over it. Now and again male relatives unlawfully take away the Haq mahr without the lady setting eyes on it, making it resemble a deal. According to the Shari`ah, the Haq mahr should also be reasonable. There is no fixed amount of Haq mahr in the Shari`ah. So, It is according to the financial status of the husband and according to the time and place.
Mode of Payment of Haq mahr:
Depending on the mode of payment, there are two kinds of Mehr:
- The mu’ajjal or prompt
- The muwajjal or deferred
The deferred payment is allowed in the case of those who might be expecting remittances at a later date. But delaying the payment unnecessarily is not being true to the contract. Some people, in trying to be pious, say that they are willing to fix the Haq mahr of their daughters at the rate of the sharai Haq mahr, which some elders have worked out to be the unbelievable amount of Rs32.25! So, It is difficult to say where they got this figure from. The Sharia, or Islamic law, has not fixed or even recommend any amount which could be called the sharai Haq mahr.
No one is exempt from paying the Haq mahr. Even the Prophet (PBUH) has been told,
“O Prophet, We have made permissible for you the wives whose dower you have paid….” (33:50).
When Hazrat Ali came to the Prophet to ask for the hand of Bibi Fatima, the first thing the Prophet ask him was,
“Do you have anything to give as mahr?”
He said he had a horse and a saddle. He sold his saddle for 480 dirhams and brought it to the Prophet. The immediate needs of the bride and the new household were met with this amount. The concept of dowery, or giving endless amounts of household goods and gifts by the bride’s family, does not exist in Islam.
In Surah al-Nisa, Allah says
“Give to the women their agreed dowers [willingly]….” (4:4) and, “…as an obligation….” (4:24).
Haq Mahr is Obligatory for Nikah:
According to Imam Malik, if the parties agreed that there would be no Haq mahr then the nikah would not be valid. But according to Imams Abu Hanifa, Shafi’i, and Ahmed, the nikah would be valid, but the Haq mahr(Dower) would still remain an obligation.
Nowadays, marriages are being led with extraordinary ceremonies and shows in which a lot of wealth is misused. On the off chance that, as opposed to spending such a great amount on superfluous things. The top need is given to the installment of Haq mahr, it would mean satisfying a religious commitment. It would likewise be all the more in accordance with the Quranic directives and the example of the Prophet and could give some security to the bride, particularly in the event that she can contribute the amount beneficially.