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Mahr, Meher


The minimum amount of Meher is 10 dirham, the equivalent of which (as it those in those days) is Two rupee Twelve annas 9 3/5 pies (These coin except rupees are defunct), either in coins, silver or some goods of equivalent price.

PROBLEM: If the meher is less than 10 dirhams, the minimum of 10 dirhams is wajib (which should be paid) and it is fixed more than 10 dirhams, then the amount thus fixed is wajib (it should not be reduced).

PROBLEM: When the marriage is consummated after the intercourse or any of the two dies, then in either event the meher fixed will remain unuttered. Similarly if the divorce was of ba'in nature and the man has another Nikah with her during the period of her Iddat, then this meher without intercourse etc. will become binding. However if the rightful person exempts payment in full off or half of it, then it will be treated as such, and if the Meher was not declared as fixed and the husband divorces her, then half of it will be payable, and in this situation if the husband had paid the full meher, then half of it will be returned.

PROBLEM: The thing which can not be priced (un exchangeable able in money or on which profit can not be recovered) can not be fixed as Meher. If such a thing is fixed as the Meher then the equivalent value of it will be taken as Meher and not the thing itself for example if the meher fixed is to the effect that the (Free, not slave) husband will serve her for the whole year or he teach he Holy Quran or arrange Haj or Umrah for her. Or if the Muslim man marries a Muslim woman or if in the Meher there is a mention of blood or wine or hog (khinzir) all of which are haram, or a condition was as a meher that the husband divorces his first wife, then in all these cases the meher will be as it is fixed in the family of this woman.

PROBLEM: In the case of NIKAH-E-SHIGHAR the Meher is like the amount fixed in the society or family of that woman. NIKAH-E-SHIGHAR means that a man his daughter or sister with a man and that (second) man marries his daughter or sister with the first man and the meher fixed in each was the Nikah of one another. Although to do this is a sin, yet the Nikah will be deemed valid, and the meher in terms of money will be like the wajib Meher.

PROBLEM: If no mention of the Meher was made in the Nikah, or the Nikah was solemnized in spite of the Meher having been negatived in both the case the Nikah will be valid. And if the marriage was consummated. (after sexual act) or a if any of the two dies, then the Meher payable will be like the Meher wajib. Further if after marriage some Meher was mutually agreed by the husband and the wife, then the Meher so agreed shall be payable, and if the Qazi fixed any Meher then that (Meher) will be payable, in both these case what ever is confirmed by Shariat laws, the same will be payable. If it was not confirmed and the divorce took place before the consummation of the marriage, then in both these cases one pair of clothes is to be given as wajib meher. This includes a Kurta (long shirt) pajama and hear bosom covering (dopatta) the cost of which is not more than one half of the Meher-e-Masal (normally is vogue). If the price is more than half of the Misl Meher shall be given period the husband is well of financially and of the husband is poor then the cost of the pair of clothes should not be less than five dirhams. If both are rich then the pair of clothes of any cost and if both are poor, an ordinary pair of clothes will be enough.

PROBLEM: The provision of the pair of clothes is wajib when the separation comes from the husband side, namely a divorce,calling his wife as his or he becomes an apostate (murtid) etc and if the separation is from the wife's side then no provision is wajib, when the wife denounce her religion or kissed the husband son by way of lust.

PROBLEM: When the husband divorces his wife whose meher has been fixed, before the consummation of the marriage, then the provision of pair of clothes is not mustahab. If the divorce is given after sexual act (denoting consummation of marriage), then whether the meher was fixed or not the provision of the clothes is mustahab.

PROBLEM: When the woman gives up half or the whole of the Meher, it is permissible provided the husbands does not refuse, If the woman is underage (not having gone through puberty) and her father remits the meher on his own, he can not do so. If she has become an adult (is of age) then it will depend on her permission.