by some Muslims, are based on ignorance or some un-Islamic cultural habits. There is no fixed amount. However, the Sharia advises that it be reasonable and established according to the husband’s financial circumstances and the location’s socioeconomic conditions. In other words, those norms that existed in seventhth-century Arabia or elsewhere in the Muslim world are irrelevant. As financial conditions change, the amount of mehr must be determined accordingly. The Prophet (salla Allahu ‘alayhi wa sallam), who urged moderation in all matters, said, “The nikah that is greatest in blessings is the one that is least burdensome” (al-Haythami, “Kitab al-Nikah,” 4:255). And yet some Muslims declare a large mehr to boast how much their daughter is “worth,” only to seek a way out when it has to be paid. Sometimes the bride’s family pressures the groom and his family for a large amount (and even by mutual agreement) or the groom does so to impress the in-laws or attract the desired bride. Such deceit is based on the common assumption that this is just a “paper” commitment, for people are often overheard saying, “Write whatever you want, for no one asks and no one pays.” One wonders if they have forgotten that Muslims should only commit to what they can — and intend to — pay. It is unlawful to deny her the mehr, especially after having had intimacy with one’s wife: “How can you take it away after each one has enjoyed the other, and they have taken a firm covenant from you.” (4:21).) Mehr is not recognized in all American courts. For instance, Alabama, Arkansas, Arizona, Louisiana, Kansas, Mississippi North Carolina, Oklahoma, South Dakota, Tennessee, and Washington prohibit the use of “foreign law” (read “Sharia”) in their state courts. Mehr is poorly understood in the U.S. For example, American courts routinely dismiss such agreements as non-binding, symbolic or superfluous. With the rise of Islamophobia and attempts to ban the Sharia, some state courts refuse to honor this “foreign law.” Some Muslim men also argue — wrongly — that an ex-wife only receives her mehr and nothing else. While many judges are fair and want to honor this particular contract, they don’t know the relevant legal details or become confused with claims and counterclaims. Like some other faith communities, Muslims should set up arbitration councils so that Muslim scholars can look at the issues associated with mehr and other family issues from the overall perspective of the Sharia. After all, Islam teaches fairness and justice in all matters. ih Muzammil H. Siddiqi, Ph.D., is a former ISNA president, imam and religious director of the Islamic Society of Orange County, Garden Grove. He chairs the Fiqh Council of North America, is a founding member of the World Economic Forum’s Community of West and Islam Dialogue (C-100) and signatory of A Common Word Between Us and You (2007).
Mehr: A Most Solemn Pledge Do Muslims know there is no waiver of mehr, the wife’s inalienable and legally-protected right? BY ABED AWAD
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or the past 22 years, I have been representing Muslim Americans in contested family matters, including mehr disputes. With more than 6 million Muslim Americans, I estimate there are more than 1 million executed Muslim marriage contracts in the U.S. An introduction to the Islamic law governing these contracts, followed by a summary of how American courts have resolved such disputes, is provided below. The Quran describes marriage (zawaj or nikah) as “a most solemn pledge” (4:19). The woman and man were created from “one soul,” the Quran explains, in order for you to “find solace” together. The intimate marital relationship thus becomes a divine “wonder” in which “love and mercy” are instilled in the couple’s hearts to bring them tranquil “comfort” (30:21). Marriage, then, was the building block that sustained moral Muslim societies. Muslim jurists concluded that marriage is obligatory for most Muslims. In addition to its moral and social underpinnings, marriage is considered a civil contract. A valid marriage contract requires an offer of marriage and its acceptance in the presence of two Muslim witnesses. With some exceptions, a male guardian (wali), normally the bride’s father, must be present to render the contract valid. The bride has tremendous leeway to negotiate her marriage contract’s terms. Conditions in the contract are valid as long as they do not violate Islamic law. Popular stipulations cover finances, marital residence, domicile, living conditions, children, equal right to initiate divorce, rights to work and to education, equal division of domestic responsibilities and restrictions on polygamy. A mehr or sadaq is a standard provision in every Muslim marriage contract. The mehr is a specific amount of money or property that the groom pledges to pay to the bride. Generally, it has two portions: the immediate portion paid prior to consummation, and the remaining portion deferred until after their union has been consummated. This latter portion is to be paid: (1) upon demand, (2) as specified in the contract, (3) upon talaq (a form of divorce) or (4) death of the husband. In fact, this right is so established that in most Muslim countries the husband is subject to imprisonment if he fails to pay the mehr. If he predeceases SEPTEMBER/OCTOBER 2021 ISLAMIC HORIZONS 51
