Stipulation of the Mahr

 

Nasihah (Advice): The Simplicity of Nikah

 

Sayyiduna Uqbah ibn Amir Radiyallahu anhu reported that Rasulullah Sallallahu alayhi wa sallam said, “The best marriage is one that is easiest.”

 

In another narration, Rasulullah Sallallahu alayhi wa sallam said, “The best dowry is one that is easiest.” [Sahih Ibn Hibban]

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Question and Answer:

 

 

  1. Who has the right to stipulate the Mahr? The girl or the boy? If the Mahr was not specified, and the marriage has already been consummated, what amount of Mahr should now be given to the girl?

 

 

  1. In principle, Mahr is the right of a woman. She has full right to stipulate an amount provided it is not less than the minimum mahr amount (which is 10 Dirhams according to the Hanafi Mazhab).

 

 

The Mahr amount should be mutually agreed upon by the couple before the Nikah.

 

 

In the event that the Mahr amount was not stipulated before the Nikah, and the marriage was subsequently consummated, then the Mahr amount will be determined based on the average Mahr of other women similar to her from her paternal family. [Al-Muheet-ul-Burhaani 3/84]

 

N.B. Specific cases can be referred for rulings on a case-by-case basis.

 

And Allah Ta’ala Knows Best

 

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

 

 

 

 

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