Caveat India

What is Mehr in Muslim Law?

What is Mehr in Muslim Law also referred as Mahr in Arabic? Its a very common question however it requires a proper understanding.  Mehr in Islam should not be confused with dowry. Mehr  has a deeper meaning and understanding . It provides the wife with social security in the form of financial security gives her an added security in case of divorce or even death of  the husband.  with financial support during the marriage and ensures her interests in case of divorce or death of the husband  and is a very important requirement during Nikah.

Difference between dowry and Mehr

There is a lot of difference between dowry and Mehr. Therefore to understand What is Mehr in Muslim Law? its important to differentiate it with dowry. In case of dowry it is the wife s  parents who give money or gifts whichever is asked during marriage more in a forced manner however Mehr is very respectful and provides financial security to the wife  and is compulsory under the Muslim law which is totally for the benefit of the wife. On the other hand dowry in some cases forms a part of religious or cultural compulsion however even after marriage is husband’s parents continue to ask for dowry it amounts to an offence and punishable under criminal laws in India.

References of Mehr in Islam

There are several references of Mehr  in Qur’an, Surah An-Nisa  , urah Al-Baqarah and also Hadiths.  There cannot be a marriage under islamic laws without Mehr.

Types of Dower

Mahr or Dower two types  for  as given   one is  Specified Dower (Mahr-i-Mussama/ Mahr-e-Tafweez)  and the other is  Unspecified Palso known as Customary Dower (Mahr-i-Misl )

Conclusion to What is Mehr in Muslim Law?

As Allah said  “And give the women (on marriage) their Mahr as a free gift” (Quran 4:4). It is purely a command which by itself means compulsory and it benefits a woman and gives her  a benefit to live a  life of dignity. Without a Mehr or dower a muslim marriage is not valid. It is also important to note that Mehr or dower is enforceable in law. A woman can even file civil suits to recover her Mehr or dower. The famous case of  Mohd. Ahmed Khan vs Shah Bano Begum And Ors on 23 April, 1985 wherein the Hon’ble Supreme Court has held that “divorced Muslim wife is entitled to apply for maintenance under section 125 and that, Mahr is not a sum which, under the Muslim Personal Law, is payable on divorce.”

 

 

 

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