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5.0 MAHR (MARRIAGE PAYMENT TO THE BRIDE)
5.1 Specification
1. The marriage is valid if a mahr was named in it, and it is valid [even] if no mahr was named
in it.
If a man marries off his daughter [to a man] on condition that the man marry off hsi sister, or daughter, such that one of the contracts is in exchange for the other , then both contracts are valid, but each of [the women] is entitled to the mahr of her peers.
2. The minimum mahr is 10 dirhams, and so if he named less than 10, she is entitled to 10.
If a Muslim marries [a woman] on [a mahr of] wine, or pork, then the marriage is valid, but she is entitled to the mahr of her peers.
If he marries her on [a mahr of] an undescribed animal, the naming is valid, and she is entitled to a medium one. The husband has a choice : if he wishes, he may give her that, or if he wishes, he may give her its value [in money].
If he marries her on [a mahr of] an undescribed garment then she is entitled to the mahr of her peers.
If a free man marries a woman on [a mahr of] service to her for a year, or for teaching her Qur’an, then she is entitled to the mahr of her peers.
3. The dower of her peers is reckoned by [consideration of] her sisters, paternal aunts and paternal uncle’s daughters. It is not reckoned with reference to her mother and maternal aunt if they are not of her tribe. That which is taken into account in [ascertaining] the mahr of her peers is :
that the two women are equivalent in age, beauty, modesty, wealth, intelligence, religiousness, country and time.
4. If he added to [the amount of] her mahr after the contract, he is obliged to [pay] the additonal amount, but it is waived by divorce before consummation.
If she waived [some] of her mahr from him, the waiver is valid.
5.2 Entitlement
1. If a man is secluded with his wife, and there is no hindrance from intercourse, and then he divorces her, then she is entitled to the complete mahr. But, if one of them is ill, or fasting in Ramadan, or in ihram for obligatory or superogatory hajj or `umrah, or she is menstruating, then it is not a valid seclusion.
If a castrated man is in seclusion with his wife, and then divorces her, then she is entitled to the complete mahr according to Abu Hanifah.
2. Whoever names a mahr of 10 [dirhams] or more is obliged [to pay] the named [amount] if he consummates with her or dies leaving her.
If he divorces her before consummation and seclusion, then she is entitled to half of the named amount.
3. If he marries her and does not name a mahr, or he marries her on condition that she will have no mahr, then she is entitled to the mahr of her peers if he consummates with her or dies leaving her.
If he divorces her before consummation, then she is entitled to compensation, which is three garments of her peer’s usage.
4. If he marries her and does not name a mahr, and then they mutually agree to name a mahr, then she is entitled to it if they consummate or he dies leaving her. If he divorces her before consummation then she is entitled to compensation.
5. It is recommended [for a man to give] compensation to every divorced woman except one [for whom it is essential,] and that is the one he divorced before consummation and for whom he did not name a mahr.
6. If the wali guarantees the mahr, his guarantee is valid, and the woman has a choice between demanding [it] from her husband or [from] her wali.
7. If [a man] marries a woman on [a mahr of] one thousand [being less than the mahr of her peers] on condition that he will not take her out of the country, or on condition that he will not marry over her, then if he fulfils the condition she is entitled to the named [mahr]. But, if he marries over her, or takes her out of the country, then she is entitled to the mahr of her peers.
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