Mahr (dower)

1Meaning of mahr

Mahr (also sadaq, nihlah, ajr or faridah in the Qur'an; in Malaysia called mas kahwin) is the property or benefit the husband must give the wife by reason of the marriage contract or consummation. It is not a woman's price, but a sign of the husband's sincerity and respect and the start of his financial responsibility.

• The mahr is wholly the wife's property — not the right of her father, wali or family. The wife is free to spend it, save it or give it away.
• The mahr is obligatory even if it is not mentioned in the contract; if it is not mentioned, the wife is entitled to the customary mahr (mahr mithl).
• The mahr is not a pillar of the marriage. A marriage on the condition of "no mahr" remains valid according to the majority of scholars, but the condition is void and the customary mahr (mahr mithl) is obligatory.

2Ruling and evidence

The mahr is obligatory, based on the Qur'an, the Sunnah and the consensus (ijmaʿ) of scholars.

• "And give the women their mahr as an obligatory gift (nihlah). But if they willingly give you any part of it, then enjoy it with pleasure and ease" (Surah an-Nisa' 4:4). This verse establishes the obligation, and that only the wife can waive it.
• "...so give them their mahr as an obligation; and there is no blame on you for what you mutually agree after it has been fixed" (Surah an-Nisa' 4:24) — the couple may agree to increase, reduce or defer it after it has been fixed.
• A husband may not take back the mahr, even if it were a qintar (a great amount of wealth) (Surah an-Nisa' 4:20–21).
• The Prophet ﷺ said to a man who wished to marry: "Look for something, even an iron ring", and in the end married him off with the mahr of teaching the surahs of the Qur'an he had memorised (Sahih al-Bukhari 5135; Sahih Muslim, Kitab an-Nikah).
• The Prophet Musa a.s. married with a mahr of eight or ten years' service (Surah al-Qasas 28:27) — showing that a benefit may serve as mahr.

3Types of mahr: musamma and mithil

Ibn Mas'ud was asked about a man who died before being with his wife and before fixing a mahr. He ruled that the wife was entitled to the mahr of women like her, must observe the ʿiddah, and would inherit; a Companion testified that the Prophet ﷺ had given the same ruling for Barwa' bint Washiq (Sunan Abu Dawud 2114; Sunan at-Tirmidhi 1145, hasan sahih).

4Prompt and deferred mahr

• Prompt mahr (mu‘ajjal, معجّل — hastened) — paid at or immediately after the marriage contract. In Malaysia, the words of acceptance (qabul) usually state "...with its mas kahwin of RM[amount] in cash".
• Deferred mahr (mu’ajjal, مؤجّل — deferred / a debt) — paid later, either on a set date or before separation. It becomes a debt of the husband that must be settled; if the husband dies, it is paid from his estate before division under faraid.
• The mahr may be divided: part paid promptly and part deferred. This is common in South Asia and the Middle East (muqaddam and mu'akhkhar).
• According to the Shafi'is, the wife is entitled to withhold herself from being handed over to the husband until the prompt mahr is paid, so long as consummation has not taken place with her consent. This right does not apply to a mahr agreed to be deferred.

5Minimum and maximum mahr according to the schools

There is no maximum by consensus (ijma'), based on Surah an-Nisa' 4:20. Excess, however, is not encouraged. 'Aishah stated that the mahr of the Messenger of Allah ﷺ to his wives was twelve uqiyah and a nashsh, that is 500 dirhams (Sahih Muslim, Kitab an-Nikah). It is also narrated: "The best marriage is the easiest" (narrated by Abu Dawud; sahih according to al-Albani).

The form of the mahr may be money, gold, jewellery, land, a vehicle, or a benefit such as teaching the Qur'an or knowledge (Shafi'i, Maliki and Hanbali; the Hanafi school does not accept teaching the Qur'an as mahr). Forbidden things such as alcohol, pork or stolen goods are not valid as mahr — the marriage remains valid and the customary mahr (mahr mithil) becomes obligatory.

6When the mahr is due in full, in half or lapses

The Qur'an sets out the ruling on divorce before consummation (Surah al-Baqarah 2:236–237):

• Mahr already fixed, divorce before consummation: the wife is entitled to half the mahr, "unless the wife forgoes it or the one in whose hand is the marriage tie forgoes it" (2:237). The verse ends with the call: "and to forgo is nearer to righteousness, and do not forget graciousness between you." The majority interpret "the one in whose hand is the marriage tie" as the husband (he gives it in full); the Maliki school and the earlier position (qaul qadim) of Shafi'i interpret it as the wali.
• Mahr not yet fixed, divorce before consummation: no mahr, but mutʿah (consolatory gift) must be given according to the husband's means (2:236). The wife does not have to observe ʿiddah (Surah al-Ahzab 33:49).
• The full mahr becomes settled by consummation or the death of either spouse (and by valid seclusion, khalwah sahihah, according to the Hanafi and Hanbali schools).
• The mahr lapses entirely before consummation if the separation comes from the wife's side — for example the wife's apostasy, or judicial dissolution (fasakh) because of the wife's defect — or if the wife waives it.
• Khulʿ: a wife may redeem herself by returning the mahr or part of it by agreement (Surah al-Baqarah 2:229); see Talaq & divorce.

7Mahr vs hantaran (Malaysian custom)

In Malaysia, the mahr is usually small (following the state rate), while the hantaran — spending money and gifts — can reach tens of thousands of ringgit. A high hantaran leads many men to delay marriage or go into debt. Islam does not prescribe the hantaran; families are encouraged to be moderate, because the blessing of a marriage lies in its ease.

8State rates of mas kahwin

Each state sets a minimum mahr rate through the State Islamic Religious Council or Department. These rates differ from state to state and have been raised in several states in recent years. For example, according to an mStar report (10 December 2009), the Selangor Islamic Religious Department set the mahr at RM300 from 1 January 2010; according to Berita RTM (28 March 2024), the Pahang rate was raised to RM100 from RM22.50. The rates for the Federal Territories and other states (check the latest rule with your state Syariah Court).

• The state rate is a minimum; the couple may agree on a higher amount or a mahr in another form (for example gold or a necklace) whose value is recorded in the register.
• The state rate does not change the fiqh ruling on the minimum mahr; it is an administrative rule for uniformity and for the protection of women.
• Check the latest rate on the website of the State Islamic Religious Department where the contract was concluded.

9Mahr in a polygynous marriage

• Each wife is entitled to her own mahr. The first wife's mahr may not be taken or reduced to fund a subsequent marriage.
• Equal amounts of mahr are not required between wives. The obligation of justice in polygyny relates to maintenance, housing and the rotation of nights — see Justice. Each wife's customary mahr is also assessed according to her own circumstances.
• A deferred mahr owed to an existing wife remains the husband's debt. The Syariah Court may take existing debts and liabilities into account when assessing the husband's means in a polygyny application.
• A husband may not force or pressure an existing wife to give up her deferred mahr as a condition of her consent; any waiver must be given willingly (Surah an-Nisa' 4:4).

Sources & references