35
even give her husband his share of the estate, whereas this is
totally incorrect and impermissible. To keep wealth which is
not rightfully
acquired becomes a means of
be-barkati
(ill-
fortune/ without blessing) and many a times it is destroyed,
taking lawful and Halaal wealth with it. May Allaah Ta`ala
grant us sound intelligence and save us all from the evils of
ignorant customs and norms.
Regarding
mehr
,
“It has been reported from Abi Salmah, who
said, ‘I asked Aishah what the Sadaaq (mehr) given by Nabi
(sallallahu alayhi wasallam) (to his Noble wives)?’ She replied,
‘His Sadaaq to his wives was 12 ½ Auqia, which is 500
dirhams.’”
[Muslim / Mishkaat, page 277]
“It has been reported from Umar bin Khataab (radhiallahu
anhu) who said, ‘Hark! Do not be exorbitant in the mehr of
women, because indeed if it (i.e. the amount of mehr given)
were (a sign of) honour in this world and a means of gaining
Taqwa (nearness to Allaah Ta`ala), then The Nabi of Allaah
(sallallahu alaihi wasallam) is most deserving of it. I am not
aware of Rasulullah (sallallahu alayhi wasallam) marrying any
of his wives or marrying off his daughters for more than 12
auqias.’”
[Ahmad / Tirmidhi / Abu Dawood / Nisai / Ibn Majah
/ Daarmi / Mishkaat page 277]
We will now cite from the article of Hadhrat Mufti Taqi
Uthmaani Saheb, entitled
The Shar`i status of Mehr
, which
appeared in the newspaper
Jang
on the 12/11/1995. Before
reading it, do make the dua that Allaah Ta`ala grant good
guidance and that He make all our actions, be they in
happiness, sadness, grief or hardship to be in strict accordance
with the Sunnat of Nabi (sallallahu alayhi wasallam).
36
The Shar`i status of Mehr
Recently I came across a Nikah Certificate, where in the
column for
mehr
was written,
“32 Rupees Mehr Shar`i”
. Prior to
this also, I had spoken to many people regarding this issue
and Allaah Ta`ala alone knows best where and how a paltry
sum such as 32 rupees (and the like) come to be regarded as
Mehr-e-Shar`i
? It has become very common to regard even
the smallest sum of money for
mehr
as being acceptable in the
Shariah, such that these amounts are even called
Mehr-e-
Shar`i.
Similarly, there are many other evils that have crept into
our societies with regard to
mehr
, whose eradication is
necessary.
In reality,
mehr
(dowry) is a honorarium which a husband gives
to his wife, which is a token of respect and honour which he
affords her. It does not depict her value, which leads the
husband to be under the impression that he has purchased her
and she belongs to him, like a slave. It should also not be
regarded as a light debt whose fulfilment is not necessary. The
Shariah has made the
mehr
binding and compulsory on the
husband. The Shariah has specified that when a man brings a
wife home, then he has to grant her the due respect, honour
and comfort and present her with a gift (
mehr
) which
accentuates her honour.
Therefore the Shariah necessitates that this amount not be so
small that the aspect of it being a honorarium for the wife be
lost or that it not be so large that the husband is unable to fulfil
it, and he leaves this world without having ever paid it or that
the wife is eventually constrained to forgive it. It is a Shar`i
stipulation that every woman be given what is known as
Mehr-
e-Mithal
.
Mehr-e-Mithal
is actually that
mehr
amount which is
normally paid to the women in the family and if the prospective
bride does not have any women-folk in her family, then it is
that
mehr
which is paid to girls of the same ranking and status