5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

A hadîth-i sherif in the book Riyâdunnâsihîn states, “One
who performs a nikâh with the intention of not paying the
mahr will be resurrected among thieves on the Day of
Resurrection.”
It is valid to perform a nikâh without mentioning the mahr,
and even by setting the condition that no mahr will be paid, but
in this (latter) case the condition is invalid. In this case, the
husband will have to pay the mahr-i mithl. It is paid as much as
the amount her paternal (female) relatives were paid. If some of
the mahr is mahr-i mu’ajjal, this is paid before having sexual
intercourse or staying alone with her. If the whole mahr is mahri
mu’ejjel, or if the words mu’ajjal or mu’ejjel were not
mentioned during the process of the nikâh, it will be wâjib to pay
it after having sex or staying alone with her, whenever one’s
wife asks for it, or, if she does not ask for it, when one of them
dies. The heirs can take or give it, (depending on which one of
the parties is dead). The value of the mahr should not be less
than ten dirhams of silver. Today, silver money is not used. We
use banknotes which are equivalent to gold. So, it should not be
less than ten dirham, that is one mithqal of gold [one mithqal is
five grams, that is, two-thirds of a gold coin] which is the
equivalent of seven mithqal of silver. The Persian book
Jawâhir-ul-fiqh states that the mahr should not be less than
one gold coin. It is understood that, in those days, one gold coin
weighed one mithqal. If the mahr is less than the
abovementioned amount, it still must be paid as much as twothirds
of a gold coin, or some other property equal to this value.
A wife can refuse the wedding party or halwat or a journey with
the husband before she is paid her mahr-i-mu’ajjal. If she
refuses these things, her husband cannot refuse to supply her
her daily necessities of life. If the whole mahr is mu’ejjel [it can
be delayed, will be paid later] the wife cannot refuse them, even
if she has not yet been paid. She can also leave the house with
one of her mahram relatives if she is not paid her mahr almu’ajjal.
If a wife, after receiving ten gold coins as her mahr,
gives them back as a gift to her husband [but does not say, “I
have given them as a present to you,”] and later the husband
divorces her before halwat, then it becomes necessary for her
to pay him five other gold coins. Since the gold cannot be made
ta’ayyun through ta’yîn, the woman will not have given her mahr
back to her husband by handing those ten gold coins to him.
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