Demanding the Mahr from the Perspective of the Five Islamic Schools of Jurisprudence

Abstract

Mahr (dower) is one of the fundamental institutions of family law in Islamic jurisprudence. Despite its seemingly straightforward nature, it plays a pivotal role in determining the legal character of the marriage contract, the scope of the spouses’ obligations, and the legal status of women. The significance of this issue becomes more evident when considering that, although the five Islamic schools of jurisprudence agree on the fundamental legitimacy of mahr, they adopt different approaches to its legal nature—whether it constitutes an independent obligation, an immediately enforceable right, or a right contingent upon the marital relationship. Understanding these distinctions is essential to a proper analysis of the Islamic family law system. Using a descriptive–analytical method and drawing on authoritative sources from the Imami, Hanafi, Shafi‘i, Maliki, and Hanbali schools of jurisprudence, the present study examines the conceptual and legal dimensions of mahr and identifies the principal areas of convergence and divergence among these schools. The findings indicate that the differences among the schools primarily arise from divergent understandings of the legal nature of marriage, the scope of the effects arising from the marriage contract, and the relationship between the proprietary value (māliyyah) and transfer of ownership (tamlīk) involved in mahr. The novelty of this study lies in proposing a coherent framework for understanding the legal nature of mahr. This framework demonstrates that, despite certain differences in detail, an integrated conception of the philosophy and legal structure of mahr can be developed within Islamic jurisprudence—one that is capable both of elucidating its jurisprudential foundations and of contributing to the analysis and reform of family law legislation.