On Dowry (Mahr)

Dowry's definition: This word Dower or Dowry used in this context and the meaning intended thereby is somewhat different from its verbal sense. Dower or dowry in this context is the sum of property that must be paid or is payable to form a valid marriage contract. It must be paid to the female party.

Rule (1350) The woman becomes the owner of the dowry by the contract and it is reduced by one half by divorce before sex, also because of the death of one party, according to a more clear reason if sex is performed by the front or back the dowry becomes an established right and the same rule applies if he tears her virginity by his finger and without her permission.

Rule (1351) If some one else removes the virginity of a woman by sex or other means he is liable for the equivalent amount of dowry of a virgin.

Rule (1352) It is valid for the dowry to be a substance or a payable loan or the profit of some thing and it also is permissible if it is paid by some one other than the husband and if the husband divorces her after sex one half of the dowry is refunded to him not the husband.

Rule (1353) There is no limit for the maximum or the minimum amount of dowry but it is necessary to specify the amount even though it is not fully described or seen and if it is payable at a later time such time must be specified even in a general sense like the arrival of certain travelers or the delivery of a child etc., but if the time is totally unknown like at a time later on, the arrival of a traveler etc., the contract is valid as well as the dowry according to a more clear reason but the timing will have no effect.

Rule (1354) If the dowry is not mentioned it does not affect the validity of the contract and she after sex is entitled for an equal amount of dowry and after divorce before sex she is entitled for certain benefits if the husband financially does well and the poor provides such benefits according to his ability. If one party dies before sex there is no dowry and benefiting.

Rule (1355) If sex is performed by mistake she is entitled to an amount equal to the dowry, regardless, the sex is due to invalid contract or without contract.

Rule (1356) If one marries them by the order of one of the parties such contract is valid and the party giving the order is bound by his/her own order as long as the dowry is not more than traditional dowry if she is the one who has given the order. If the party giving the order dies before the contract and sex she is entitled to certain benefits and after sex she is entitled to an amount equal to her dowry if the order is to the husband but if it is to the wife it is not far from reality to have the traditional amount of dowry.

Rule (1357) If one marries a woman for a dowry being a servant or a house in a general sense, in terms of price and quality a medium price and condition is observed. If he says, "I marry Miss 'A' for the traditional dowry, it will be five hundred 'Dirhams'.

Rule (1358) If two tax-paying non-Muslims marry and set some wine as the dowry it is valid. If they both become Muslims before giving possession of the dowry the wife is entitled for the cost of the wine if one of them becomes a Muslim before possession, apparently, the cost of wine is payable. If a Muslim marries a woman and the dowry payable is some wine there are several views about it, according to the stronger among them the contract is valid and the dowry payable in the form of an equivalent amount is established if sex is performed.

Rule (1359) If an unlawful condition is included in the marriage contract it is void but not the contract. If a condition is set that requires the husband not to take the wife out of her hometown it is binding. It is lawful for the wife to set a condition in the contract or along with some other contract that requires him not to marry anyone else. It is obligatory for him to stand by such condition but if he did marry another woman also, his marriage is valid. Also it is permissible to set a condition which authorizes her as agent of the husband to divorce herself or if he did certain things like a very long journey or a crime that would imprison him for a long time etc., she thus is the agent to divorce herself on his behalf and it is not lawful for him to cancel such appointment and if she does divorce herself in this way, it is valid.

Rule (1360) About the quantity of the dowry the words of the husband are accepted and if he denies the dowry after sex he must pay either an amount equal to a dowry payable to her on the basis of common practice or whatever amount she claims whichever is less. If she claims sex and he denies it, his words are accepted with oath on his part.

Rule (1361) If a father or grand father from father's side marries a female for his minor son, he is responsible for the` Mahr' dowry according to Ihtiyat, if the boy does not have any property, otherwise, the boy is liable for the payment.