Marriage Contract — Conditions and Mahr
fiqh
Level: intermediate
nikah
fqh-009
وَءَاتُواْ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحۡلَةٗ
— النساء 4
Verse: "And give the women their dower as a free gift." (4:4)
Marriage pillars: Offer and acceptance (formula), guardian (majority position), two witnesses, mahr.
Mahr: A woman's mandatory right — "Give them their due recompenses as an obligation." No minimum or maximum — the best mahr is the easiest.
Prohibited marriages: Seven by lineage + seven by breastfeeding + two by in-law relationship (4:23); combining two sisters; the adulteress without repentance.
Source: Al-Qurtubi (5/23); Ibn Al-Arabi (1/313); Ibn Qudama (7/1)
Question: What is mahr legally and what is the ruling of not paying it?
Answer: Mahr: an obligatory financial right for the wife from the husband — a Quranic obligation. Unpaid, it remains a debt on the husband until paid or waived by her.