After the marriage contract is concluded, a marital relationship is established between the two parties, and certain rights and obligations are assigned to them—one of which is the obligation to pay the dowry (mahr).
Dowry (Mahr) in Islam
After a marriage contract is concluded, a marital relationship is established between the two parties, and certain rights and obligations are assigned—one of which is the obligation of the husband to pay the dowry (mahr).
Definition of Mahr
Dowry or mahr is a financial obligation that a man undertakes to pay a woman at the time of marriage. Mahr is the woman's right, and she can demand it immediately after the marriage contract is concluded. This right is inherited by her heirs upon her death, and they can claim it from the husband.
Failing to specify mahr before a temporary marriage (according to most religious authorities) renders the marriage invalid. The Qur'an advises men to pay their wives’ mahr willingly and not to harass them out of dislike to make them forgo or return it.
In recent years, heavy dowries have caused various social problems and led to the imprisonment of many men. According to Islamic traditions, a high dowry is considered a bad omen for a woman, and it is recommended to keep it modest, ideally equivalent to Mahr al-Sunnah, which is about 1,250 to 1,500 grams of silver (roughly equal to 170–223 grams of gold in that era).
Legal Definition of Mahr
Mahr or ṣadāq is a financial obligation that becomes conditionally the property of the wife upon the marriage contract. Its ownership becomes established through one of four events:
The husband's conversion to innate apostasy (irtidād fitrī)
The husband's death
Sexual intercourse
The wife's death (according to the common view)
This right stems from Islamic law and civil regulations. The basis of mahr in Iranian law is rooted in religious tradition and has no equivalent in Western legal systems. Mahr cannot be compared to a purchase price in financial contracts. The woman is not selling herself in exchange for mahr; rather, she and the man enter into a covenant, one natural outcome of which is the man’s obligation to pay the dowry and the woman’s obligation to marital submission (tamkin). For this reason, nullifying or invalidating the mahr does not nullify the marriage contract or exempt the woman from her responsibilities.
Types of Mahr in Islam
Specified Dowry (Mahr al-Musammā):
This is a dowry that the couple agrees upon before the marriage contract or shortly afterward. It must be clearly defined to eliminate ambiguity.
Conditions for Mahr al-Musammā:
Must have financial and economic value
Must be transferable and ownable
Must be specific and clearly stated
Must have lawful and rational benefits
The husband must be capable of delivering it
According to Article 1080 of the Iranian Civil Code, the amount of mahr is based on mutual agreement with no legal ceiling. However, religious traditions recommend the Mahr al-Sunnah as a benchmark.
Equivalent Dowry (Mahr al-Mithl):
If no mahr is agreed upon at the time of a permanent marriage contract or the agreed mahr is invalid, but sexual intercourse has occurred, the wife is entitled to a dowry similar to that of women of comparable status based on custom, family background, education, age, profession, etc.
Consolation Dowry (Mahr al-Mut‘ah):
If no dowry is mentioned in the marriage contract and the man divorces the woman before consummation and before agreeing on a mahr, the woman is entitled to mahr al-mut‘ah.
Mahr from the Islamic Perspective
Mahr is a financial obligation upon the husband at the time of marriage and becomes the woman’s rightful property. In permanent marriage, the mahr need not be specified beforehand and can be agreed upon after the contract. However, in temporary marriage, the absence of a specified mahr renders the marriage void according to most jurists.
Pre-Islamic Practices
Various forms of dowry existed before Islam, such as in Hammurabi's Code, among Zoroastrians, in ancient Iran, and among Arabs and Greeks. However, there was no such practice among Christians.
In pre-Islamic times, parents often considered the mahr as compensation or a bride price. In shighār marriages (exchange marriages), daughters or sisters were swapped without giving the women any share of the dowry. Islam abolished this practice.
Mahr in the Qur’an and Hadith
The term mahr is not used in the Qur’an. Instead, terms like ṣaduqāt (dowries), ujūr (wages, especially regarding temporary marriage and marriage to female slaves), ṣadāq, and farīḍah (obligation) are used.
Withholding a woman’s mahr, which is her rightful property, is considered a clear injustice and sin in the Qur’an.
(Surah al-Nisāʾ, verses 20–21)
In verse 4 of Surah al-Nisāʾ:
“And give the women [upon marriage] their bridal gifts graciously...” (ṣaduqātihinna niḥlah), the word ṣaduqāt stems from ṣidq (truth), reflecting the sincerity of the marital bond and the man’s genuine affection. The pronoun hinna (their) indicates that the mahr belongs solely to the woman—not her parents. The word niḥlah shows that it is a gift, not a price, despite the modern misconception of mahr being the woman’s “price,” leading some to demand excessive dowries and consider Islamic recommendations for modest mahr demeaning.
Mahr is a divine gift to the woman, and the man has no favor in offering it.
According to hadiths, one of the signs of a woman being inauspicious (bad-qadamī) is her having a large mahr, which is said to breed resentment within the family.
(Mīzān al-Ḥikmah, vol. 2, p. 1182)
Imam al-Bāqir (a) said:
“The dowry is whatever the couple agree upon, whether little or much.”
There is no specific upper limit for mahr in Islamic law. However, Imam al-Ṣādiq (a) said that one of the things that will not be forgiven on the Day of Judgment is unpaid mahr.
The 110 Gold Coins Law
In the past, if a woman demanded a high dowry (‘ind al-ṭalab) and the husband couldn’t pay it all at once, she could have him imprisoned. But according to Article 22 of the new law (March 2012), if the mahr exceeds 110 gold coins, the husband must pay up to that amount or risk imprisonment. However, for the portion exceeding 110 coins, the court will assess his financial ability. If he owns sufficient assets, he must pay. If not, he won’t be jailed but must repay gradually.
Critique by Ayatollah Makarem Shirazi
Ayatollah Makarem Shirazi has criticized setting a dowry without the intention to pay, women refusing to obey after receiving their first dowry installment, and husbands being forced to prove insolvency. He believes such practices contradict Islamic principles and damage its reputation. He regards excessive mahrs as foolish and void, and in such marriages, only mahr al-mithl should be considered binding on the husband.
Some past jurists also believed that mahr exceeding mahr al-sunnah is invalid and should revert to that amount, and any additional amount would not be obligatory for the husband.
