Quote of the week: “There is no Islam without unity, no unity without leadership, and no leadership without obedience.” Umar ibn al-Khattab (rta)

Wednesday, June 6, 2012

Matters in Meher


By Rana Rais Khan

Payment Of Meher:
There is no fixed limit of jointure money (Meher) in Shariah, but as much as lesser is preferred to make the marriage easy for common people. However it is a clear law that no marriage can take place without jointure money settled beforehand for the woman to be lawful for her husband. She has the right to claim it at the time of Nikah or defer it partly or fully to be paid in the future. She may also willingly forgo the jointure later on. The Quran states, "And give to the women (whom you marry) their Meher with a good heart; but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allah has made it lawful)." (Surah Nisa 4:4)

Amount of Meher:
The amount of jointure money is not fixed. Prophet Muhammad (saw) paid nearly twelve Oqia (Rs. 10.000/- approximately) to each of his wives. Same was fixed for his daughters. The amount of Rs. 32/- pertaining to jointure money is not valid from Quran or Sunnah. It is part of an old wives tale, which is only customary and has no religious authenticity. However it is stated that the jointure money should be ascertained according to the groom's income. Traditionally it is wrongly calculated on the basis of the father-in-law's financial status, which is usually higher than the groom's earning capacity. Narrated Uqba bin Amir (rta) the Prophet (saw) said, "The best jointure is that which is most easy." (Abu Dawud)

Difference between Meher and Alimony:
There seems to be a grave misconception regarding jointure money. Mostly it is taken to be a financial security for the bride, whereas Islam only considers it as a token money or gift from the husband to the wife at the time of marriage. Customarily the woman's family tries to demand huge sum of jointure money either as their daughter's security or to brag about in the society. Factually it is pointless to demand such high jointure money, which the groom is unable to pay, or worse has no intention to pay after the marriage. Alimony is absolutely different from jointure money, which only comes into effect at the time of a divorce.

Types of Meher:
Narrated Anas (rta), the Prophet (saw) set Safiya (rta) free and made her freedom her jointure. (agreed upon) Narrated Jabir bin Abdullah (rta) The Prophet (saw) said, "If anyone gives as a jointure to a woman some flour or dates, he has made her lawful for himself." (Abu Dawud) Narrated Ibn Abbas (rta), When Ali (rta) contracted to marry Fatima (rta) Allah's Messenger (saw) said to him, "Give her something (as jointure).".He replied, "I have nothing." He said, "Where is your Hutamiya coat of mail?" (Abu Dawud) It means jointure money can be non-financial things, money, gold, ornaments, clothes, land or house or anything else. Teaching and educating Quran can also be jointure.

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