Quranic Foundation
The Quran (4:4): “And give the women their marriage gifts (saduqat) as a free gift (nihlah). But if they, of their own good pleasure, remit any part of it to you — take it and enjoy it with good cheer.”
Key points from the verse: (1) it is their gift — not the family’s; (2) it is given as nihlah — freely, as a gift, not as payment; (3) if the wife voluntarily returns part of it, the husband may accept it — but he cannot compel or pressure her to.
Prompt and Deferred Mahr
Mahr muajjal (prompt mahr): paid at the time of the contract or at consummation — the wife can demand it before allowing consummation.
Mahr mu’ajjal (deferred mahr): a portion agreed to be paid at a future date (often specified in the contract) — divorce triggers its payment if it hasn’t been paid yet. The deferred mahr provides a financial disincentive for arbitrary divorce.
Most classical contracts divided mahr into a prompt portion and a deferred portion for this reason.
Minimum and Maximum
Minimum: the schools differ — Hanafi: ten dirhams minimum; Maliki: three dirhams; Shafi’i and Hanbali: any amount with value, including knowledge (the story of the man who had nothing but Quran to offer).
Maximum: no Quranic or hadith limit — but excessive mahr that cannot realistically be paid is discouraged as it creates debt obligations that burden the marriage.
At Divorce
If the husband divorces the wife before consummation: she receives half the mahr. If the divorce comes after consummation: she keeps the full mahr. If she initiates khul’ (divorce for compensation): she may return the mahr in exchange for the divorce.
See also: Fiqh Adl Wa Ihsan, Fiqh Al Tawbah, Fiqh Al Wasatiyyah, Fiqh Al Waqf, Ismaili Dawat Organization