أحكام المهر في ضوء الضوابط الفقهية

The Rules of Dowry in the light of Shariah Maxims

Authors

  • Asfandyar Khan PhD Scholar, Faculty of Shariah & Law, International Islamic University, Islamabad.
  • Dr. Fazli Dayan Assistant Professor, Department of Shariah & Law, Islamia College University, Peshawar

Keywords:

Dower, Family, Contract, Marriage, Islamic law.

Abstract

Indeed, Shariah law exists and will continue to shine human society with its light so that the path of happiness may be illuminated. Accordingly, those who get closer to Allah’s teachings, the more will be happier than others, and the one move away from it, the more misery surrounds him and sparks fly to others. In fact, Allah instincts humans and knows their secrets and diseases. Thus, He treats them in a way that cures/removes their ailments, prepares them for a good, quiet, serene and contented life. So, Allah the Exalted provides them security and stability, since, He knows the existence of mankind, and hence He laid down laws and rules to maintain behavioral balance and control their instincts/desires. Thus, values and principles are afforded so that they can live an ethical, moral, spiritual and religious life in order to become more connected, acquainted and familiar with their fellow men/women and to form an Islamic society/community in its finest form and the pinnacle of its power. Remarkably, one of the examples of the divine laws are what established/inherent in human instinct was the idea of marriage; the cause of reproduction and procreation. For this purpose, Allah the glorious set some grounds/rules for achieving this instinct out of which is dower; the matrimonial right of woman over a man. No doubt, women in all advanced ages, before the advent of Islam, were humiliating disgrace. But, factually, Islam restored her honor and dignity. Also, Islam elevated her position, prestige and preserved her status as a girl/sister, mother and wife. In the same way, significantly in marriage contract, Islamic law obligates man to pay dower to whomever he marries. However, issues arises when marriage/s took place without a dower, or when dower was not fixed or unknown to the parties to contract; then what will be the rulings and resulting consequences in such cases? Similarly, many thought that dower was just an amount/money given to women without caring other matters or considerations. In such cases, what would be the effects if a person was delinquent, corrupt or usurped? And what will be the status of woman whose husband died before fixing dowry? All these and other interrelated issues need appropriate and convincible answers. Therefore, this research is designed to discuss these issues, as it becomes more important area of concern in the contemporary world. Because, many people today think that there are no governing rules of dowry in Islamic law, while some deem it merely an insignificant element in marriage contract. Consequently, this research asserted that dower is one of those valuable things that are directly and explicitly mentioned in the holy Quran. Additionally, in Islam, marriage is considered a legal way depends upon the pleasure/enjoyment of man/women for the purpose of procreation. In this context to preserve woman’s dignity, honor and to protect her chastity/face; dowry is imposed, a legitimate right of a woman, that is given to her by whoever wants to marry her. Notably, the Shariah law has met the requirements of life in every age and time. As every aspect is governed by text of the holy Quran and Sunnah of the Prophet Muhammad (peace be upon him). Although, where there is no clear textual evidence, then the scholars of Islam resort to other sources of Islamic law based on the common causes or consensus of Muslim scholars. However, the case of dower and related rules explicitly mentioned in the holy Quran and Prophetic Sunnah. Therefore, parties to marriage contract are required to comply with the settled/discussed rules in Islamic law in order to avoid any ambiguity.

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Published

2021-12-29

How to Cite

[1]
Asfandyar Khan and Dr. Fazli Dayan 2021. أحكام المهر في ضوء الضوابط الفقهية: The Rules of Dowry in the light of Shariah Maxims. Peshawar Islamicus. 12, 2 (Dec. 2021), 186–198.