Much ignorance and misconceptions prevail concerning Meher (jointure money). Rana Rais Khan shares handy information on your daughter's or daughter-in-law's nuptial right.
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)." (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 the Quran or the 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. Uqba bin Amir (rta) has narrated that 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: Anas (rta) has narrated that 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) Ibn Abbas (rta) has narrated that 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 the Quran can also be jointure.
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