Interpretation of Muslim Law for Mahr, Dower and Maintenance

Abstract

In old pre-Islamic, Arabia, when the institution of marriage as we know it today was not developed many forms of sex relationships between man and woman were in vogue. Some were temporary and hardly better than prostitution. Men, after despoiling their wives, often turned them out, absolutely helpless and without any means, the ancient custom to settle certain sums for subsistence of the wife in the event she was turned out was often disregarded, as there was no organized system of law.¹

Sometime the guardian of the bride used to take the dower himself; but it is not certain whether it was a mere violation of the usage that the bride should take the dower, or whether it shows that dower was originally the price paid for the bride to her parents.²

A device was in vogue under the name of SHIGHAR marriage in which a man would give his daughter or sister in marriage to another in consideration of the latter giving his daughter or sister in marriage to the former. Thus neither of the wives could get a dower. False accusations of unchastity were frequently used to deprive the wife of her dower.³

In the so called Beena marriage, where the husband visited the wife but did not bring her home, the wife was called Sadiqa or female friend, and a gift given to wife on marriage was called, Sadaq, In Islam Sadaq simply means a dower and is synonymous with Mahr (sale price). But originally the two words (Sadaq and Mahr) were quite distinct. Sadaq was a gift to the wife in the Beena form of marriage and mahr was gift or compensation to the parents of the wife in the baal form of marriage.⁴ Mahr belongs to the marriage of domination, which is known as the baal marriage, where the wife‟s parents (guardian) part with her and have to be

¹ Aqil Ahmad, Text Book ofMohammedan Law, p. 149 (2006)

²  Syed Khalid Rashid, Muslim law, p. 88 (2009), revised by Prof. V. P. Bharatiya

³  Aqil Ahmad, Mohammedan Law, p. 149 (2006).

⁴ Ameer Ali, Mohammedan Law, Vol. II p. 432-4, Vols. I-II, Calcutta 1912, 1929, new addition by Tahir Mahmood (1985).