MEHR
(DOWRY)
The
Mehr of the wives of Rasulullah (Sallallaahu
Alayhi Wasallam) and the Mehr of Fatima (Radhiallaahu Anha)
Allah Ta'ala says: “Indeed we
know what we have enjoined upon them for their wives.” (Surah
Ahzaab Aayat 50)
This
Aayat implies that Allah Ta'ala in his infinite knowledge
knows the rights of the wife that are due upon the husband.
The Hanafi Scholars state that amongst the rights mentioned in
the above verse is the right of mehr
(dowry) also. There is a stipulated amount in Allah’s
knowledge, which Rasulullah (Sallallaahu
Alayhi Wasallam) highlighted in a Hadith reported by
Jaabir (Radhiallaahu
Anhu) not to be less than ten dirhams. Ibn Abi Hatim (R.A)
has recorded this narration with the sanad
(chain of narrators) and Hafiz Ibn Hajar (R.A) has stated that
its status is no less than Hasan.
Minimum
Mehr
Therefore
according to the Hanafi Scholars the mehr can not be less than ten dirhams. Infact less than ten dirhams will not
even be regarded as mehr.However there is no maximum limit of mehr, although to stipulate a very
mehr is
not preferred. Umar (Radhiallaahu
Anhu) said: “Do not stipulate the dowry of women to
high. If (doing so) was a token of honour in this world or a
source of piety by Allah than your Rasul (Sallallaahu
Alayhi Wasallam) should have been more worthy of it.”
(i.e. of stipulating a high mehr)
Tirmizi Pg.212
Mehr-e-Azwajun
Nabi (Sallallaahu Alayhi
Wasallam) (mehr of Nabi (Sallallaahu
Alayhi Wasallam) to his wives)
It
is mustahab (preferable), if one can afford it, to stipulate
that amount as mehr that Rasulullah (Sallallaahu
Alayhi Wasallam) gave to his wives. (Nawawi (R.A)-commentary
of Sahih Muslim V.1 Pg.458)
According
to an authentic narration of Sahih Muslim, Rasulullah (Sallallaahu Alayhi Wasallam) gave his wives five hundred dirhams as
mehr. Thus if one can afford it, it will be mustahab to give
that amount as mehr
Mehr-e-Fatimi
(Radhiallaahu Anha)
Similarly
it is also preferable to stipulate that amount as mehr, upon
which the daughters of Rasulullah (Sallallaahu
Alayhi Wasallam) were married. From amongst the daughters
of Rasulullah (Sallallaahu
Alayhi Wasallam) mention is made, in the narrations, of
the mehr of Fatima(Radhiallaahu Anha). However these narrations are not recorded in the
sihah (six authentic compilations of Hadith). Furthermore
there is a difference of opinion with regard to the exact
amount that was stipulated for Fatima (Radhiallaahu
Anha).
*
According to
Ibnul Humam (R.A) the mehr-e-Fatimi is four hundred dirhams. (1224g of silver) (Mirqaat V.6 Pg.246)
*
Mulla Ali Qari (R.A) states in Mirqaat that the mehr-e-Fatimi
is four hundred mithqaal of silver. (1750g) (ibid)
*
Mufti Muhammed Shafi’s (R.A) verdict is that mehr-e-Fatimi
is five hundred dirhams. (Imdadul Muftein V.3-4 Pg.1-2)
*
Mufti MahmoodHasan Gangohi (R.A) has also stipulated
mehr-e- Fatimi
to be five
hundred dirhams. (+132 tolas=1540g)
(Fataawa Mahmoodia V.11 Pg.201) At times his verdict was
four hundred mithqaal (+132 tolas=1750g)
(Nizam Kanpur –July 1965)
*
Moulana SiddiqueAhmed Banwi rahas stipulated the mehr-e-fatimi
to be four hundred mithqaal, (150 tolas=1750g)
(fadhaail Nikah Pg.31) and Moulana Burhanuddin Sambali has
also preferred this view.
*
Mufti AbdurRahim Lachpori writes: “The preferred and more
cautious view is that the mehr-e-Fatimi
be calculated upon 150 tolas of
silver.” (1750g) (Fataawa Rahimia V.6 Pg.445)
From the above mentioned views one
can understand the extent of difference of opinion amongst the
Scholars and Akabir Ulema. There even exists a difference of
opinion amongst the Ulema and Muftis as to which view should
be given preference to. Furthermore no narration has been
found to be substantiate that mehr-e-Fatimi was definitely
five hundred dirhams, as stated by the head Mufti of Darul
Uloom-Hyderabad, Mufti Muhammed Yahya Qasmi. (Bath wa Nazr
Pg.107)
Conclusion
In
South Africa it has become famous that mehr-e-Fatimi is five
hundred dirhams. We have not found any clear, authentic
narration to substantiate it. Thus to regard this amount as
mehr-e-Fatimi ,with certainty is not correct. However this
same amount (500 dirhams) being mehr-e-azwajunNabi (Sallallaahu Alayhi Wasallam) is substantiated from an authentic
narration of Sahih Muslim. Thus one should term the dowry at
the time of nikah as mehr-e-azwajunNabi(Sallallaahu
Alayhi Wasallam). If one wants to stipulate mehr-e-Fatimi,
then it is best and most preferred to calculate it with four
hundred mithqaal (1750g). This amount is substantiated from
some narrations.
Nevertheless
as Allamah Nawawi (R.A) has stated that, if one can afford it,
one should stipulate that amount as mehr that Rasulullah (Sallallaahu Alayhi Wasallam) gave his blessed wives. (500 dirhams).
This mehr is called mehr-e-azwajunNabi (Sallallaahu
Alayhi Wasallam).
Method
of calculation.The method of calculating mehr-e-azwajunNabi (Sallallaahu
Alayhi Wasallam) is to multiply the current silver price
per gram to 1530grams
Modified
On:
July 19, 2007
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