In Islam, a mahr (in Arabic: ??? ?; Persian: Mehir is also transliterated mehr , meher , mehrieh or mahriyeh ) is a compulsory payment, in the form of money or goods paid by the groom, or by the groom's father, to the bride at the time of marriage, which is legally his property. Although mahr is often money, it can also be agreed upon by the bride such as jewelry, home goods, furniture, shelter or land. Mahr is usually specified in marriage contracts signed during Islamic marriage.
"Dower" is the English translation that is closest to the meaning of Islam mahr, because "dower" refers to the payment of the husband or his family to his wife, especially to support him in the event of his death. However, mahr differs from dowry in two ways: 1) mahr is legally required for all Islamic marriages while dower is optional, and 2) mahr shall be determined at the time of marriage (when a certain amount is promised, if not paid immediately), while the dowry is not paid until the death of the husband. Mahr can also be classified as a form of "the bride", described by anthropologists as payments made from relatives to the bride's family; However, mahr is paid directly to the bride and not her parents. In fact, as a legal property, mahr establishes the financial independence of the bride of her parents and in many cases from her husband, who has no lawsuit over his wife.
The terms "dowry" and "bridal price" are sometimes incorrectly used to translate mahr , but mahr differs from dowries in many other cultures. A dowry traditionally refers to money or goods a woman brings to marriage, usually provided by a parent or family; the price of the bride for the money or property paid by the groom or his family to the parents of a woman (but not to the woman herself) at the wedding.
If the marriage contract does not contain a definite mahr, as determined, the husband must pay the same amount of wages. The mahr requirement is mentioned several times in Quran and Hadith.
Mahr is often paid to the bride in some parts. The amount of mahr given to the bride at the time of signing of the marriage contract is called ' muajjal (????) (paid at the time of marriage), and the promised part but suspended is called ghaire mu'ajjal (??????) (paid after marriage settlement). Deferred deferrals to pay do not make the full amount of mahr less legally required. mahr , the exact contract definition and conditions of enforceability depend on the regional fiqh and the school of Islamic jurisprudence.
Video Mahr
Etymology and history
The word mahr corresponds to the Hebrew word "mohar" and the Syrian word "mahr?", Which means "bridal gift", which originally means "buy-money". The word implies a gift given voluntarily and not as a result of the contract, but in Muslim religious law it is expressed as a gift that the bridegroom should give the bride when the marriage contract is made and which belongs to the wife.
Among pre-Islamic Arabs, the price of the bride called mahr is a necessary condition for a legitimate marriage. The mahr is given to the guardian ( guardian ) of the bride, like her father, brother or other brother. In ancient times, the bride did not receive part of the mahr . Some scholars believe that in the period shortly before Muhammad, mahr , or at least some of it, has already been given to the bride, while others consider the change to be wife's property as a "revolutionary" innovation Quran.
Maps Mahr
Mahr structure
Mahar is part of every Muslim marriage contract. Mahr can be separated into two parts. First, there is muqaddam , or a fast mahr, which the wife must accept on or immediately after the wedding ceremony. The second part of mahr, called mu'akhar , is the amount deferred and promised, paid on the date agreed upon after the consummation of the marriage. Often the amount deferred is greater than the amount paid during marriage. Theoretically, the deferred amount should provide the wife with the means of support, and be attributed to the death or divorce of the husband, but this is a more traditional attitude than Islam on this issue. The muqaddam should be seen as important as the initial dowry payment because it is a duty to be fulfilled by the husband and is considered a debt if not given to the wife within the agreed time period between the spouse.
Mahr in any Islamic marriage ceremony is a fundamental religious right of the wife, and the husband should not reduce mahr. Even after the death of the husband, the dowry in arrears is paid from his land before all other debts, because it is a religious requirement.
According to a hadith, the Muslim Prophet Muhammad states mahr should be "one piece of gold", but the number of mahrs is often negotiated between the parents or guardians of the bride and groom (also called the guardian), and the parties often prepare the mahr agreement by filling in the blanks of form contracts using the boilerplate standard requirements. Mahr consisting of a marriage contract consists of the names of the parties, the number of mahr, the signature of the cleric, the signature of two male witnesses, and the denial that Islamic law will govern the marriage contract. In Islamic marriage, the assets brought into the union by the wife can only be accepted by the husband after mahr has been paid to him for him.
In the Arab world, there are various interpretations of marriage contracts, highlighting the differences between Maliki, Hanbali, Hanafi, Syafiq, and Jafari schools in Islamic jurisprudence. For example, Hanafi School argues that if the woman starts a divorce (khul?) She can not accept her mahr apart regardless of whether her husband or innocent, while Maliki School believes that when the husband is guilty of divorce, the wife does not lose her right to mahr even if she starts divorce. The schools also differ from the number of witnesses required for the contract. Hanafi School requires two witnesses on documents for mahr containing contracts to apply, while Maliki School believes that witnesses are only required on marriage publications but not documents.
Differences and issues
Mahr resembles law enforcement for the donatio propter nuptias of Eastern Roman law, except for some important differences. Donatio propeller nuptias is optional and voluntary, while mahr is mandatory and necessary for all Muslim weddings. Mahr is not an optional gift. Another difference is that the donatio propter nuptias is a bride's security for the bride or registered on her behalf, at the time of marriage, in exchange for the dos (dowry) that comes with the bride woman. Mahr is a requirement of religion according to Sharia.
Under Islamic law, there is no concept of marital property. In Islam, marriage is a contract between man and his wife. A Muslim man and woman do not combine their legal identities when married. Assets of men before marriage, and earned after marriage, fixed during marriage, and in the case of divorce.
Divorce under Islamic law does not require redistribution of property. Instead, every couple walks away from the marriage with his personal property. Telling Muslim women who do not work outside the home after marriage, except for mahr left, are left with little to no claim on the couple's collective wealth. The delayed Mahr is considered a debt held by the man to the woman, and is indebted even though he has no assets.
Divorce under Islamic law can take many forms. If a woman wants to divorce her husband, she has two choices: looking for tafriq , or looking for a khul? . A tafriq is a divorce for some reason that is allowed. The divorce was given by a religious qadi, in a case where qadis received his claim about harassment or neglect. If the tafriq is granted, the marriage is dissolved and the husband is obliged to pay the mahr pending in their marriage contract. The second method, khul? is a divorce without cause, with mutual consent. This divorce requires the consent of the husband and it must be supported by the consideration that moves from wife to husband. Often, this consideration almost always consists of the wife releasing her claim to the pending mahr. Unlike the divorce methods allowed for a woman, a husband may unilaterally divorce his wife, as talaq , without the requirement to show the cause, nor any intervention by an qadi . However, after talaq, the husband has to pay his pending mahr wife.
The Western Court has treated the mahr provisions in a manner similar to the pre-marital contract; however, in many cases the court has considered the validity of the marriage contract in cases such as where appropriate disclosure is not made at the time of marriage, the bride does not separately agree without coercion, and in the case of the bride or both partners entered into a child marriage before the age of law of consent.
References in Islamic texts
The Islamic Encyclopedia entry in mahr states: "According to a tradition in Bukhari, mahr is a necessary condition for the legality of marriage: 'Any marriage without mahr is null and void'."
According to the teachings of Islam in the hadith (the sayings of Muhammad), mahr is the amount that the groom has to pay to the bride at the wedding, some of which may be postponed according to what is agreed upon by the couple. Mahr for him to spend as he wishes. It could be cash, jewelry or other valuable gift. In some cases, per Sahih al-Bukhari (Volume 7, Book 62, Number 72), even iron rings can be mahr.
Sura 4.4, 4.19, 4.20, 4.24, 60,10 and 60.11 The Qur'an requires a bridegroom to give gifts to the bride.
Modern Destinations
In 2003, Rubya Mehdi published an article in which the mahr culture among Muslims was thoroughly reviewed.
Mahr is a means of sustenance in case of sudden death, divorce, or other emergency.
See also
- Dower
- Dowry (overlapping concepts)
- Islamic marriage jurisprudence
- Women and Islam
- DO MAHRE IN IRAN
References
External links
Source of the article : Wikipedia
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