Why are women given mahr?

- The statement in the Chapter of an-Nisa, verse 24: “seeing that ye derive benefit from them, give them their dowers (at least) as prescribed” seems to imply that money is given to a woman in return for benefitting from her?

Dear Brother / Sister,

Before giving some information regarding the issue, it would be useful to give - again - the translation of the verse:

“Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.” (an-Nisa, 4/24).

Now we need to elaborate on the concept of “benefiting” in the verse that says, “seeing that ye derive benefit from them, give them their dowers (at least) as prescribed.”

- According to the majority of scholars, the concept of “istimta’” in this verse, which means “benefitting from”, is related to “mut’a” marriage (see Razi, Abus-Suud, the interpretation of the verse in question). It is the unanimous view of the scholars of the Ahl as-Sunnah that mut’a marriage was permissible in Islam at first and was prohibited afterwards. Therefore, the expression “istimta’ = benefitting from” in the verse is used as a word that evokes the meaning of this temporary marriage.

- According to some other scholars, “istimta’” in the verse refers to marriage.

In that case, we can explain this concept as follows: Marriage is the union of a man and a woman as a result of mutual needs. Therefore, the man benefits from the woman and the woman benefits from the man.

This mutual “istimta’ = benefiting” does not only mean the satisfaction of sensual feelings. It also means satisfying the innate feeling of “sharing life with another person”.

 “And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.” (ar-Rum, 30/21)

As a matter of fact, the verse above points to this wide spectrum of shared life.

When we look at the issue in the light of this information, we see that the concept of “istimta’ = benefitting” is not a phenomenon that appeals only to sensual feelings, especially to men.

The reason why the verse expresses this benefitting as being reserved for men may be the following:

a. “Istimta’” may have been used because it was an established concept at the time when the Quran was revealed.

b. In the newly-established, shared family life in Islam, the task of providing for the livelihood was placed on the man. In addition, the provision of a financial means, called “mahr (dowry)”, to a woman, who usually did not own property, was also assigned to the man. In the verse, while the man is asked to fulfill this responsibility, the support he receives from his life partner is reminded with the concept of “istimta’”.

c. As it is mentioned above, although both parties benefit mutually from the shared life, it is an honor, not a humiliation, for the woman to be reminded of this only by the man because, with this statement, the woman is presented as the symbol of peace, the pillar of tranquility, the triangulation point of the shared family life and the axis of a livable life. That is what is expected from the religion put forth by the Prophet (pbuh), who said, “Paradise is under the feet of mothers” (see Nasai, Jihad, 6), “The mother is in the middle of the gates of Paradise” (Ibn Hanbal, V, 198).

As for the phrase “until a certain period of time” in the verse:

- Ibn Abbas and scholars such as Ubayy b. Ka’b, Said b. Jubayr, and Suddi, accepted the phrase “ila ajalin musamma” (for a stated term) as a part of the verse. Therefore, they were in favor of mut’a (see Ibn Kathir, the interpretation of the verse in question).

- However, since this decree was later abrogated, mut’a marriage is haram according to the majority of scholars. It is based on the following narration by Bukhari and Muslim from Ali (ra):

“The Prophet forbade mut’a marriage and the meat of domestic donkeys on the day of Khaybar.” (see Ibn Kathir, ibid)

- This decree was confirmed by the ijma/majority of the Companions when Umar declared mut’a to be forbidden in the presence of the Companions.

As Razi states, that statement of the Umar briefly means: “I forbid Mut’a marriage because I know very well that the Prophet forbade it.”

If it is not the case, then it must be accepted that Umar (ra) and the Companions who accepted what he said were – God forbid - playing with religion and thus posing a religious risk. (see Razi, the interpretation of the verse in question) It is not possible for a Muslim to act so disrespectfully toward the Companions, including Umar (ra) and the Companions of the Ashara al-Mubashshara.

- As Razi states, there is evidence that the word “Ujur/wages” in this verse does not refer to mut’a but directly to the mahr of marriage (Razi, ibid).

- According to the opinion of the Ahl as-Sunnah scholars, the summary of this issue is as follows:

a. There are different views as to whether the word “Ujur” in verse 24 of an-Nisa is a wage, which is valid for a normal marriage contract, or whether it is a wage that refers to Mut’a marriage. Therefore, the wording of this verse cannot be said with certainty to be about Mut’a marriage, although it is a possibility.

b. Whatever the meaning of this verse is, according to the majority of Ahl as-Sunnah scholars, mut’a marriage was permissible at first; the Prophet’s (pbuh) statements regarding the issue are reported in sound hadith sources.

c. There are sound hadith sources that mut’a marriage was prohibited afterwards.

Some of those narrations are as follows:

- Rabi b. Sabra al-Juhani narrated from his father. His father said, “The Prophet forbade mut’a marriage and said: ‘Mut’a is forbidden from today until the Day of Judgment’.” (Muslim, Nikah, 28/1406)

Ali (ra) narrates: “On the day of Khaybar, the Prophet forbade mut’a marriage with women and the meat of domestic donkeys.” (Bukhari, Nikah, 31; Muslim, Nikah, 29, 30, 31, 32/1407)

- There are different versions in Muslim related to the place of mut’a marriage: Khaybar, the conquest of Mecca, and the day of Awtas (see Muslim, 1404-1407).

According to a narration of Abu Dawud, the prohibition took place during the Farewell Hajj. (see Ibn Hajar, Fathul-Bari, 9/169)

Muslim’s heading of this topic, “The topic of Mut’a marriage and the chapter that it was first made lawful, then it was abrogated, then it was made lawful again, then it was abrogated again, and finally it was forbidden until the Day of Judgment” shows that the most recent decree on Mut’a is that it is forbidden.

Imam Mawardi states that Mut’a marriage was permitted a few times and then prohibited again, and Ibn Hajar is of the opinion that it is true. (Ibn Hajar, ibid, 9/170)

- According to Imam Nawawi, this permission and prohibition occurred twice. The first time: Mut’a marriage, which had been previously permitted, was prohibited at Khaybar. Then permission was given again, and at the time of the Conquest of Makkah, the absolute prohibition was imposed, which lasted until the Day of Judgment. (Ibn Hajar, ibid)

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