Dowry (Mahr) and Gifts in Islam: Their Concept and Significance
Introduction
In Islamic law, marital relationships are given great importance, as Sharia has established rules and regulations to ensure family stability and fairness in the relationship between spouses. Among these regulations are those related to **dowry (Mahr)** and **gifts (Hiba')**, which are financial rights granted to women within the framework of marriage. What is the meaning of each? What is the difference between them? And what is the wisdom behind their legislation?
First: The Concept of Dowry (Mahr)
The dowry, or Mahr, is the money or benefit that a husband gives to his wife at the time of marriage. It is a mandatory right for the woman as soon as the marriage contract is valid. Allah has mentioned it in the Quran:
> **"And give the women their dowries as a free gift. Then if they are pleased to give up any of it to you, consume it with good cheer."** (Quran 4:4).
Characteristics of Mahr
1. **A legal obligation**: A marriage contract is not valid without specifying the Mahr, even if it is symbolic.
2. **An exclusive right for the woman**: No one may take it from her without her consent.
3. **No fixed amount**: There is no set minimum or maximum; it varies according to custom and financial capability.
Second: The Concept of Gifts (Hiba’)
A gift (Hiba’) is what a husband gives to his wife during or after marriage as a voluntary present, without it being a legal obligation. It is an expression of love and compassion between spouses and can be either material or symbolic.
The Difference Between Mahr and Gifts
1. **In terms of obligation**:
- Mahr is obligatory under the marriage contract.
- Gifts are voluntary and not mandatory.
2. **In terms of timing**:
- Mahr is given at the time of marriage or later.
- Gifts can be given at any time during marriage or even after divorce.
3. **In terms of content**:
- Mahr is specified in the contract.
- Gifts are unspecified and can be a surprise.
Third: The Wisdom Behind Legislating Mahr and Gifts
1. **Demonstrating seriousness in marriage**: Mahr is proof of the man’s commitment and responsibility.
2. **Honoring women**: Islam grants women exclusive financial rights.
3. **Strengthening love**: Gifts enhance marital bonds and increase affection.
4. **Protecting women’s rights**: Especially in cases of divorce or the husband’s death.
Conclusion
Dowry (Mahr) and gifts are financial aspects legislated by Islam to ensure justice and stability in marital life. While Mahr is a mandatory right, gifts are voluntary acts that express love and devotion. Through these rulings, Islam emphasizes the status and rights of women, contributing to the establishment of a strong family based on love and mercy.
> **"And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought."** (Quran 30:21).
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